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Terms of Service

Effective date: May 14, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you," "user," or "seller") and onlinealphabuysell LLC, doing business as KIVAX ("KIVAX," "we," "us," or "our"), governing your access to and use of the website https://kivax.app and the KIVAX software-as-a-service application, progressive web app, and related services (collectively, the "Service"). By creating an account, placing a pre-order, joining the waitlist, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

The Service is available only to individuals who are at least 18 years old and who can form a legally binding contract. By using the Service, you represent and warrant that you are 18 years of age or older. We do not knowingly permit anyone under 18 to use the Service.

2. Description of the Service

KIVAX is a software-as-a-service (SaaS) and progressive web app (PWA) designed for sellers in the United States who receive orders through screenshots from social platforms such as TikTok Live, Instagram, WhatsApp, and Facebook. The Service uses artificial intelligence to extract order information from uploaded screenshots, organizes orders in a kanban-style management workflow, and generates payment request messages that the seller sends to their own customers through messaging platforms.

As of the effective date, KIVAX is in a pre-launch validation phase. The website is currently used to capture email addresses for a waitlist and to accept pre-orders for early access.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to keep it updated. Notify us immediately at hola@kivax.app of any unauthorized use of your account.

4. Founder Spot Pre-Order

The "Founder Spot" pre-order is a one-time payment of $12.99 USD that reserves early access to KIVAX when the product launches, along with the founder benefits described at the time of purchase. The pre-order does not constitute a subscription and does not grant access to the full product until launch.

5. Subscription and Billing

Following launch, KIVAX will be offered as a recurring subscription priced at $19.99 USD per month, or such other price as we may publish. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing period.

We will provide at least 30 days' notice before any change to subscription pricing or material billing terms. Continued use of the Service after a change takes effect constitutes acceptance of the new terms.

6. Payments

All payments are processed by Stripe, a third-party payment processor, and are subject to Stripe's terms and privacy policy. We accept Visa, Mastercard, American Express, and Discover. KIVAX does not directly process, hold, or store your full payment card information. You authorize us, through Stripe, to charge your selected payment method for the amounts due.

7. Refunds

A refund is available within 120 days of your purchase. If KIVAX has not launched within 120 days of your pre-order, you are entitled to a full refund. To request a refund, contact us at hola@kivax.app. Refunds are issued to the original payment method through Stripe.

8. Seller Responsibilities

KIVAX is a tool for organizing your sales workflow. You, the seller, are solely responsible for:

  • Fulfilling your own orders and delivering products to your customers;
  • Collecting payment from your customers, which occurs outside the Service through your own messaging and payment arrangements;
  • The accuracy of order information, pricing, and any messages you send to customers;
  • Resolving disputes, returns, refunds, and complaints with your customers; and
  • Complying with all applicable laws, taxes, and regulations related to your business.

KIVAX is not a party to any transaction between you and your customers and is not responsible for your products, orders, or customer relationships.

9. Acceptable Use

You agree not to use the Service to:

  • Engage in or facilitate any illegal, fraudulent, or unauthorized activity;
  • Sell prohibited, counterfeit, stolen, or restricted goods;
  • Violate the intellectual property, privacy, or other rights of any third party;
  • Upload malicious code, attempt to gain unauthorized access to the Service, or interfere with its operation; or
  • Misuse the AI features, reverse engineer the Service, or resell access without our written permission.

10. Intellectual Property

The Service, including its software, design, branding, and the KIVAX name and logo, is owned by onlinealphabuysell LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own business purposes in accordance with these Terms. You retain ownership of the content you upload; you grant us a license to process that content solely to provide the Service.

11. DMCA / Copyright Policy

We respect intellectual property rights. If you believe content available through the Service infringes your copyright, send a notice to our designated copyright agent with the information required under the Digital Millennium Copyright Act (DMCA):

Copyright Agent: Katherine
Email: hola@kivax.app
onlinealphabuysell LLC, 4030 Wake Forest Road, Ste 349, Raleigh, NC 27609, USA

12. Termination

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, if you violate these Terms, engage in prohibited conduct, or for any other reason at our reasonable discretion. You may stop using the Service and close your account at any time. Provisions that by their nature should survive termination will survive.

13. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-extracted order information will be accurate or complete. You are responsible for reviewing all output before acting on it.

14. Limitation of Liability

To the maximum extent permitted by law, the total liability of onlinealphabuysell LLC arising out of or relating to the Service or these Terms will not exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities.

15. Indemnification

You agree to indemnify and hold harmless onlinealphabuysell LLC and its officers, members, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your products or orders, your relationships with your customers, or your violation of these Terms or applicable law.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to first attempt to resolve any dispute informally by contacting us at hola@kivax.app. We will attempt in good faith to resolve the dispute. If the dispute is not resolved within 30 days, either party may proceed to arbitration.

16.2 Binding Arbitration

Any dispute not resolved informally will be settled by binding arbitration conducted in Wake County, North Carolina, in accordance with the rules of a recognized arbitration provider. The arbitrator's decision will be final and enforceable. Each party bears its own costs unless the arbitrator decides otherwise. You and KIVAX agree to resolve disputes only on an individual basis and waive any right to participate in a class action.

17. Governing Law

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws principles. Subject to the arbitration provision above, the state and federal courts located in Wake County, North Carolina will have exclusive jurisdiction over any matter not subject to arbitration.

18. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by a revised effective date. For material changes to pricing or billing, we will provide at least 30 days' notice. Your continued use of the Service after changes take effect constitutes acceptance.

19. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

20. Contact Us

If you have questions about these Terms, contact us:

onlinealphabuysell LLC (DBA: KIVAX)
4030 Wake Forest Road, Ste 349, Raleigh, NC 27609, USA
Email: hola@kivax.app
Phone: +1 (305) 697-8437
Website: https://kivax.app