Terms of Service

1. Acceptance of Terms

By accessing or using the Kywi platform, website, or any associated services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

Kywi reserves the right to update or modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

Kywi is a platform that connects users with local activities and experiences. Hosts can list and manage activities, and users can discover, save, and book those activities.

Kywi acts as an intermediary between hosts and participants. We do not directly provide, control, or endorse any activities listed on the platform.

3. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information during registration.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify Kywi immediately of any unauthorized use of your account.

Kywi reserves the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

4. Host Responsibilities

If you list activities on Kywi as a host, you agree to:

• Provide accurate descriptions, pricing, and availability for your activities.
• Comply with all applicable local laws, regulations, and safety requirements.
• Maintain adequate insurance coverage where required by law.
• Treat all participants with respect and provide a safe environment.
• Respond to booking requests and participant inquiries in a timely manner.

5. User Conduct

When using the Service, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Post false, misleading, or fraudulent content.
• Harass, abuse, or discriminate against other users or hosts.
• Attempt to gain unauthorized access to the Service or its systems.
• Interfere with or disrupt the operation of the Service.
• Scrape, collect, or harvest data from the platform without authorization.

6. Bookings and Payments

When you book an activity through Kywi, you enter into an agreement with the host. Kywi facilitates the transaction but is not a party to the agreement between you and the host.

• All prices are displayed in the currency specified on the listing.
• Payment is processed at the time of booking unless otherwise stated.
• Cancellation and refund policies are set by individual hosts and displayed on each listing.

7. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on Kywi are the property of Kywi or its licensors. You may not reproduce, distribute, or create derivative works without prior written consent.

By posting content on Kywi, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with the Service.

8. Limitation of Liability

To the fullest extent permitted by law, Kywi shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to damages for loss of profits, data, or other intangible losses.

Kywi does not guarantee the quality, safety, or legality of activities listed on the platform. Participation in any activity is at your own risk.

9. Indemnification

You agree to indemnify and hold harmless Kywi, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

10. Termination

Kywi may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately.

You may delete your account at any time through your account settings. Certain provisions of these Terms will survive termination.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Switzerland.

12. Contact

If you have any questions about these Terms, please contact us at legal@kywi.ch.