Terms of Service

Effective Date: March 29, 2026 · Last Updated: March 29, 2026

1. Acceptance of Terms

By accessing or using the Kivara platform ("Service"), operated by CloudFran Technologies ("Company", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Kivara is an AI-powered visual preference marketplace that enables merchants to create contest-based engagement campaigns ("Contests") where consumers vote on preference options ("A vs B"), earn loyalty points, and receive merchant coupons. The platform operates in two modes: Engage Mode (non-cash, globally available) and Cash Mode (jurisdiction-gated, available only in licensed regions).

3. Eligibility

You must be at least 18 years of age to use Kivara. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Cash Mode features may have additional age and jurisdiction requirements.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Points and Rewards

Points earned through contest participation, referrals, or promotions have no cash value and cannot be transferred, sold, or exchanged for currency. Points expire on December 31st of each calendar year. The Company reserves the right to modify the points program at any time with 30 days' notice.

6. Coupons

Coupons are provided by participating merchants, not by Kivara. Coupon terms, conditions, and validity are set by the issuing merchant. Kivara is not responsible for coupon redemption issues, merchant availability, or coupon value disputes.

7. Contest Rules

Each user may vote once per contest. Votes are final and cannot be changed. Contest results are determined by majority vote at the close of the contest period. The Company reserves the right to void votes suspected of fraud or manipulation.

8. Prohibited Conduct

You may not: create multiple accounts to manipulate voting; use automated tools or bots; engage in vote manipulation; impersonate another user; interfere with the platform's operation; or use the Service for any unlawful purpose. Additionally, the following content is strictly prohibited: explicit or sexual material, pornography, hate speech, discrimination, religious promotion or denigration, political campaigning or partisan messaging, violent or threatening content, weapons or drug references, spam, scams, or misleading claims.

8a. Content Moderation & AI Screening

All content submitted to the Kivara platform — including contest titles, descriptions, option labels, merchant applications, and user-generated content — is automatically screened by our AI-powered content moderation system. Content that violates our policies is blocked before publication. Repeated attempts to submit prohibited content will result in immediate account suspension.

8b. Immediate Termination Without Refund

ANY VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO SUBMISSION OF PROHIBITED CONTENT, VOTE MANIPULATION, FRAUD, OR MISUSE OF THE PLATFORM, IS GROUNDS FOR IMMEDIATE ACCOUNT TERMINATION WITHOUT PRIOR NOTICE AND WITHOUT REFUND OF ANY FEES PAID. This includes contest entry fees, engagement fees, featured placement fees, and any other charges. Kivara and CloudFran Technologies reserve the sole right to determine what constitutes a violation. Terminated accounts forfeit all accumulated points, coupons, and wallet balances. This right is exercised at the sole discretion of CloudFran Technologies and is not subject to appeal.

9. Intellectual Property

The Kivara platform, including its visual preference marketplace concept, AI-powered market generation system, and contest-based engagement model, is the proprietary property of CloudFran Technologies. Patent pending. All rights reserved.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVARA AND CLOUDFRAN TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association in Atlanta, Georgia.

12. Contact

Questions about these Terms should be directed to: legal@kivara.ai