Kivi Terms & Conditions
Last Updated: 1/19/2026
These Terms & Conditions (“Terms”) govern your access to and use of Kivi’s websites, software, tools, services, programs, events, subscriptions, memberships, digital products, and any related content (collectively, the “Services”). By accessing or using the Services, you agree to be legally bound by these Terms.
If you do not agree with these Terms, you may not use the Services.
These Terms form a legally binding agreement between you (“you,” “your,” “User,” “Client”) and Kivi (“Kivi,” “we,” “us,” “our”).
1) Eligibility and Agreement
By using the Services, you represent and warrant that:
- You are at least 18 years old or the guardian of the individual
- You have the legal authority to enter into these Terms
- All information you provide to Kivi is true, correct, and complete
If you use the Services on behalf of an organization, you represent you have authority to bind that organization to these Terms.
2) Scope of Services
Kivi may provide education, health and wellness-related content, memberships, services, subscriptions, digital products, coaching programs, workshops, webinars, tools, or software features. Kivi may change the Services at any time and may modify, replace, suspend, or discontinue any portion of the Services without notice.
3) Not Medical Advice
Kivi is not a medical provider. The Services and all content are provided for educational and informational purposes only and do not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before making medical decisions.
You acknowledge that:
- you are responsible for your own health decisions
- your results are not guaranteed
- your use of the Services is voluntary and at your own risk
Membership, Billing, and Cancellation
4) Month-to-Month Membership and Auto-Renewal
By joining Kivi and purchasing a membership or subscription, you agree to continuous month-to-month billing unless canceled in accordance with these Terms.
All memberships/subscriptions are billed on the day of the month you originally signed up and will automatically renew month-to-month unless canceled.
5) Payment Authorization
By purchasing Services, you authorize Kivi to charge your designated payment method for:
- recurring monthly dues
- scheduled service fees
- applicable taxes
- late charges
- fees associated with invalid or failed payments
You agree Kivi may withdraw or process payments for service fees or other amounts owed using your payment method on file, which may be updated by you from time to time.
6) Default / Late Fees / Collections
Any monthly payment received more than seven (7) business days after the due date may be subject to a $10 late charge.
If payment is not received, Kivi may:
- suspend or terminate access to Services
- suspend plan privileges
- deny future bookings
- pursue lawful collections
You agree to pay reasonable attorney fees, legal expenses, and lawful collection costs incurred by Kivi following a material breach of this Agreement.
7) Cancellation Policy (Read Carefully)
All memberships/subscriptions may be canceled at any time. However:
- Memberships continue to bill month-to-month until properly canceled
- Cancellations must be made by email or through the app
- Cancellations dated before the end of a billing cycle do not receive prorated refunds
- Only accounts in Good Standing may cancel (no outstanding balance)
If your plan has renewed, you have 7 days from renewal to cancel for a refund. After 7 days, you may still cancel but no refund will be provided.
8) Booking No-Show / Late Cancellation Fees
Canceling an appointment within 24 hours of the service time or arriving more than 15 minutes late may result in a fee equal to 20% of the service cost.
This fee may be waived on an individual basis in the event of an emergency. If you experienced an emergency, contact Kivi.
Risk, Liability, and Facility Conduct
9) Assumption of Risk
You understand and agree that participation in training, wellness services, physical activity, recovery modalities, or facility access involves inherent risks of injury, illness, or loss.
You voluntarily elect to participate in Kivi’s Services despite these risks and agree you are solely responsible for your participation decisions.
If you are under 18, your parent/legal guardian must accept these Terms on your behalf (and may be required to sign additional waivers).
10) Waiver of Liability
To the maximum extent permitted by law, you agree not to hold Kivi, its owners, employees, contractors, affiliates, partners, or representatives responsible for any injury, harm, or damages arising out of your use of the Services, including claims arising from ordinary negligence.
Nothing in these Terms limits liability for gross negligence or willful misconduct where prohibited by law.
11) Personal Property and Facility Responsibility
All use of Kivi facilities and Services is undertaken at your own risk.
Kivi is not responsible for articles lost, stolen, or damaged in or around the facility, including personal property and vehicles and their contents.
Any damage you cause to Kivi property, equipment, or to other clients’ property is your responsibility, and you agree to reimburse Kivi for repair or replacement.
12) Rules and Regulations
You agree to comply with all posted rules and policies and any additional rules adopted or published by Kivi from time to time.
Kivi may change facilities, equipment, amenities, hours, services, policies, and rules without notice in its sole discretion. Continued use of the Services constitutes acceptance of such changes.
Communications, Texting, and Privacy
13) Consent to Communication
You agree that Kivi may communicate with you via email and text message and that Kivi will make a reasonable effort to respond within 24 hours.
You also consent to Kivi reviewing relevant medical records when needed for service purposes, when legally permitted and with appropriate consent.
14) Messaging Consent and Communication Terms
Operational Messaging
By using the Services, you consent to receive non-marketing text messages related to your membership and services, including appointment reminders, scheduling changes, billing issues, and responses to inquiries.
- Message frequency varies
- Message and data rates may apply
- You may opt out anytime by replying STOP
- For help, reply HELP or contact us directly
Marketing Messaging (Optional)
Kivi may offer promotional texts through separate software. Marketing texts require your explicit opt-in consent and are not required for membership.
You may opt out anytime by replying STOP, and opting out will not affect operational messaging.
Privacy / Non-Sharing of Messaging Information
Kivi does not sell, rent, or share your mobile number for third-party marketing. Messaging information is used only for communications described here unless required by law or with your consent.
15) HIPAA / Privacy Discussion Notice (If Applicable)
You understand that some conversations in the facility may occur in open or shared areas where others could overhear. By using the Services, you acknowledge and accept this risk.
You may request a more private setting where available. Kivi will accommodate privacy requests when reasonably possible.
Content, Media, and Intellectual Property
16) Photo and Video Consent
You consent to Kivi taking and posting photos/videos of you for marketing purposes on social media, websites, or promotional materials.
Kivi will make reasonable efforts to request consent prior to posting, but you may revoke consent at any time by contacting [Insert Support Email]. Revocation applies going forward and does not require removal of already published materials where not reasonably possible.
17) Intellectual Property Rights
All content and materials provided through Kivi Services are owned by or licensed to Kivi, including:
- videos, guides, training frameworks
- text, graphics, branding, logos
- templates, systems, and software features
You may not reproduce, distribute, sell, modify, reverse engineer, or exploit any Kivi content without written permission.
18) Limited License (Allowed Use)
Kivi grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal use (or internal business use where authorized) only.
You may not:
- share membership access or paid content
- resell or republish any Kivi materials
- use the Services to create a competing product
User Conduct and Restrictions
19) Prohibited Use
You agree not to:
- violate any law or regulation
- harass, abuse, threaten, or defame others
- disrupt or harm the Services or systems
- upload malware or attempt unauthorized access
- scrape, automate, or copy content without authorization
Kivi may suspend or terminate access for any prohibited use.
Disclaimers and Limits
20) No Guarantees
Kivi makes no guarantees regarding outcomes, results, pain relief, recovery speed, performance improvement, financial results, or wellness outcomes.
All Services are provided “as is” and “as available.”
21) Limitation of Liability
To the maximum extent permitted by law, Kivi will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunity.
Kivi’s total liability for any claim will not exceed the amount you paid Kivi in the 30 days prior to the event giving rise to the claim (or $100, whichever is greater), unless prohibited by law.
22) Indemnification
You agree to indemnify and hold harmless Kivi and its owners, employees, contractors, and affiliates from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising from:
- your use or misuse of Services
- your breach of these Terms
- your violation of laws or third-party rights
Legal Terms
23) Governing Law and Venue
These Terms are governed by the laws of Utah USA, without regard to conflict of law rules.
All disputes will be brought in the courts located in Utah County, Utah, unless otherwise required by law.
24) Arbitration (Optional but Recommended)
At Kivi’s discretion, disputes may be resolved by binding arbitration rather than court litigation, except for claims eligible for small claims court.
25) Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
26) Entire Agreement
These Terms and any referenced policies constitute the entire agreement between you and Kivi and supersede all prior communications.
Kivi may amend, terminate, or assign these Terms at any time as permitted by law.
27) Contact
For questions, cancellation, billing, or support, contact:
Kivi
Email: kivifranchise@gmail.com