Effective date: 2 July 2026
WHO SHOULD READ THESE TERMS AND CONDITIONS?
By accessing and using our Platform Services and by accessing our Website, You agree that the entirety of the contractual relationship between Us and You will be governed by these Terms and Conditions (hereinafter referred to as “Terms”).
Our Privacy Policy is an integral part of these Terms and by accessing our Website and by using Our Platform Services, You warrant that You have read and understood our Privacy Policy.
WHO WE ARE AND HOW TO CONTACT US
Launcbase Inc., a Delaware-based company, owner and operator of the “Kiwilaunch” brand (hereinafter referred to as "We/Us”) provides a web-based Platform, and various website functionalities. It also allows its Clients (hereinafter referred to as “You”) to manage and receive bookings, customers, services, and staff via web-based tools.
How to Contact Us
Business Name: Launchbase Inc.
Website: https://kiwilaunch.com/
Business email: support@kiwilaunch.com
Business address:
- Launchbase Inc.
- 600 N Broad Street
- Suite 5 # 543
- Middletown DE 19709 USA
ELECTRONIC COMMUNICATIONS
By using our Platform Services, You agree that all legally-binding agreements, disclosures, notices and similar notifications we send you electronically satisfy any legal requirements that mandate notifications to be made in writing.
This section will not apply if applicable laws or regulations require a type of communication that is different from electronic communications.
DEFINITIONS
In the interpretation of these Terms, the following definitions shall apply:
“User Account” means the account that enables Clients to access and use our Platform Services,
“Client” refers to all entities, irrespective of their legal form (whether businesses, their employees, or affiliates), that access and use our Platform Services,
“Customer” means all entities, irrespective of their legal form (whether businesses, their employees, or affiliates) that use Our Platform Services to purchase Clients’ Services,
“Fees” refer to all fees borne by You for the access to and use of our Platform Services,
“Subscription Fees” mean the fees we charge for the access and use of our Platform Services on a periodic basis,
“Transaction Fees” mean the fees We charge to You based on an agreed percentage when Your Customers complete a sale and/or you charge your Customers through our platform,
“Confidential Information” means any information disclosed by or relating to a party that is not publicly known, including information arising during the term of this agreement; information about a party’s business affairs; information about a party’s operations, products, or trade secrets;
“Materials” cover all trademarks, creative works, copyright-protected work, data, and all types of content and Services owned and provided by the Client in its access to and use of our Platform Services,
“Platform” means the software platform provided by Us,
“Platform Services” means the software-related services provided by Us to our Clients,
“Primary Email” means the email address You provide to use our Platform Services. We will use this email address as the primary way to communicate with you as described in Section 24,
“System User” means the individual who accesses and uses our platform Services either for their own purposes or on behalf of third-party businesses,
“Staff” means all employees, personnel, contractors, freelancers, and other entities that carry out activities on Your behalf,
“Services” refers to all types of services provided by the Client using our Platform Services,
“Terms” means these Terms and Conditions,
“You/Your” means all Clients as defined in Section 4 of these Terms,
“We/Us/our” means Launcbase Inc. as defined in Section 2,
TERMS IN RELATION TO USE OF OUR PLATFORM SERVICES BY YOU
We reserve the right to reject your request to access and use Platform Services and to suspend or terminate your existing account without having to provide any reason.
By using our Platform Services, You warrant that you are at least 18-year-old.
You warrant that You will use our Platform Services for commercial purposes only and You agree to not use our Platform Services for any other purpose.
By using our Platform Services, You agree that the email address You provide while opening an account will be the primary and the only channel by which We communicate with You. It is your responsibility to monitor your email account and check your email inbox regularly.
It is your sole responsibility to maintain the confidentiality of your password and account details. We shall not be liable for any loss or damage arising out of the loss or compromise of your account information.
You warrant that You will refrain from reproducing, duplicating, selling, or exploiting any element of Our Platform Services unless we provide written permission for such activities.
You agree to refrain from circumventing any technical limitations imposed by Us on access to and use of Our Platform Services. Furthermore, You agree to refrain from using any tools/mechanisms to use platform features or functionalities not enabled by Us.
Decompiling, disassembling, or otherwise tampering with Our Platform Services and Website are strictly prohibited.
Access to and use of our Platform Services or monitoring of any material contained within our Platform Services through the use of technologies such as scrapers or robots are prohibited.
You hereby warrant that You are aware of the risks involved related to the transmission of Materials, as defined in section 4 when there is no encryption in transit, when the transmission is performed via various networks, or when there are changes that occur due to technical necessities.
ACTIVATION OF USER ACCOUNT
The System User that was created with the Primary Email will be authorized to access, use and control the corresponding account assigned to the Client in relation to access to and use of our Platform Services.
If the individual acts on behalf of a third-party such as his/her employer, this third-party entity will be the “Client” as defined in Section 4.
In such scenarios, the individual using the Platform Services must provide their employer-issued email address.
The individual warrants that he/she has the valid authority to enter into a contractual relationship with Us on behalf of his/her employer or any other third party he/she may claim to represent.
Our Platform Services allow the creation of multiple System Users as defined in Section 4 for your staff and add/change/remove access rights assigned to these System Users. Furthermore, the System Users can access calendars and other features.
In the course of access to and usage of our Platform Services and Website, The Client shall:
Ensure that its employees, agents, and sub-contractors [“Staff”] adhere to these Terms,
Be liable for any breach of or non-compliance with these Terms or with any applicable laws or regulations by its Staff
Assume full liability for the performance of its obligations as defined in these Terms, irrespective of whether it uses third-party service providers such as subcontractors.
PAYMENT METHODS THAT CAN BE USED ON OUR PLATFORM
Stripe
You may allow your Customers to buy services through the Platform via Stripe and payment methods supported by Stripe.
You agree to the terms and conditions that can be accessed through https://stripe.com/legal including but not limited to "Stripe Connected Account Agreement" (https://stripe.com/legal/connect-account), Payment terms and methods (https://stripe.com/legal/payment-terms), the individual agreements of the payment methods that You have enabled in your Account, Privacy Policy, Cookies Policy, Data processing agreement and all the agreements that Stripe requires You to comply with to use their services.
Apple Pay
You may allow Your Customers to buy services on the Platform via Apple Pay if Apple Pay-supported payment gateway is enabled and your customers have it activated on their own devices.
You agree to the Terms contained in Apple Pay Platform Web Merchant Terms and Conditions, which are subject to changes from time to time.
Please note that such amendments become effective immediately as soon as they are posted and it is your responsibility to keep abreast of any changes made by Apple and comply with all terms and conditions imposed by Apple.
If you continue to use Apple Pay after any changes are made on Apple Pay Platform Web Merchant Terms You will have agreed to these changes.
If you do not want to be bound by such changes, you must deactivate your Apple Pay payment method immediately.
Google Pay
Your customers may buy Your Services on the Platform via Google Pay if Google Pay-supported payment gateway is enabled and your customers have it activated on their own devices.
You agree to the Terms contained in Google Pay API Terms of Service, which are subject to changes from time to time.
Please note that such amendments become effective immediately as soon as they are posted and it is your responsibility to keep abreast of any changes made by visiting the page at:
https://payments.developers.google.com/terms/sellertos
If you continue to use Google Pay after any changes made on Google Pay API Terms of Service, You will have agreed to these changes.
If you do not want to be bound by such changes, you must deactivate your Google Pay payment method immediately.
OUR RIGHTS AND RESPONSIBILITIES
We do not have an obligation to carry out any screening process on the materials displayed by You via our Platform Services.
We reserve the right and discretion to reject and delete any materials contained in our Platform Services, including any services you provide via our Platform.
We can freely enter into contractual agreements with your competitors and these Terms shall not constitute any exclusivity.
Subject to the limitations on the use of confidential information as defined in Section 9, our employees and our subcontractors can also be clients on our Platform and may compete against you.
In the event that a dispute arises related to the ownership over the User Account, we may ask for relevant documents such as government-issued photo ID or business license and registration documents to amicably resolve the dispute.
We, in our sole discretion, can suspend or terminate a User Account until such dispute is resolved and We, at our sole discretion can determine who the rightful account owner is and assign that account to such owner.
CONFIDENTIALITY
In the context of these Terms, the term “Confidential Information” shall be interpreted to cover proprietary or confidential business or technical information which is made accessible by either party from the date on which these Terms become applicable,
Confidential Information may include project plans and implementation, product and service prices, customer information, financial results, marketing or strategic plans, business opportunities, research, development, know-how, personnel, specifications, data, samples, and prototypes, and all copies and derivatives prepared by the talent containing Confidential Information.
Obligations of the Parties
We or the Client shall not:
Use or disclose to any person, except to their professional representatives or as may be required by law or any legal or regulatory authority, the Terms or any confidential information concerning the business or affairs of the Platform/Client, or its services which may have or may in the future come to their knowledge; or
use any such confidential information except as necessary for the performance of the Platform Services in connection with these Terms.
This clause shall remain in force even after the contractual relationship between You and Us ends as specified in Section 26 of these Terms.
PAYMENT, TAXES, AND FEES
You are liable to pay the fees arising out of your subscription (“Subscription Fees”) to our Platform Services.
We also charge you based on the value of sales You made through the use of our Platform Services (“Transaction fees”). These fees can be charged via one of the following ways:
The transaction fee will be charged when Your customers are charged for the purchase of Your services
The amount of the transaction fee will be withdrawn from Your credit/debit card registered with Us once the invoice for the sale is issued by Us.
The final amount of fees will vary by each Client and the final amount owed to Us will be displayed in the invoice We send to Your primary email address.
You are obliged to have a valid payment method registered with Us to pay for all fees due, whether incurred or recurring.
Any outstanding fees due will be withdrawn through the valid payment method You authorize and We will carry on charging you via this method for such fees so long as your subscription continues and until all your outstanding debt is paid.
Unless specified to the contrary, all fees charged and all payments made will be in U.S dollars.
Subscription fees due will be withdrawn via the valid payment method at 30-day intervals.
Subscription shall be renewed on or about the same day (“Subscription Day”) of the following month. Any other outstanding fees will be charged either:
Periodically every month,
When a certain threshold as freely determined by Us is exceeded.
All fees will be displayed on an invoice sent to Your primary email.
Unless you raise any issues related to the fees charged within two weeks from receipt of such email, you will have waived any claims you may bring.
In the event that we are unable to withdraw outstanding fees from your verified payment method, we will try it for the last time at least 14 days later after the first unsuccessful attempt.
If the last attempt is also unsuccessful, we have the right to suspend or terminate your account.
If your account is suspended, we will reactivate it upon receipt of the outstanding payment.
If your account stays suspended for more than 6 months, we may permanently delete your account, System Users, and data.
Fees do not include applicable federal, local, or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”).
Any tax liability that arises due to your subscription to our Platform Services shall be borne by You.
Outstanding tax liabilities will not be and cannot be deducted from the fees to be paid by You.
Tax liabilities shall be calculated based on the applicable tax rates, taking into account your billing address.
If you are exempt from paying such taxes, You are obliged to provide evidence of such exemption. Such exemption will be applicable on the date we receive evidence of your exemption.
In the event that We do not directly charge You for tax liability, it is your responsibility to ensure that you determine applicable taxes.
You cannot deduct or withhold any sums payable due to taxes, or other charges, and all fees owed by You shall be paid free of such deductions, taxes, or charges.
We will charge the full sums payable by You via your verified payment method, without any deductions.
It is your sole responsibility to determine, collect, report and pay any applicable taxes, duties, or charges that arise out of your access to and use of our Platform Services.
It is your sole responsibility to keep your location and the jurisdiction you are subject to up-to-date. You must notify us via email if your billing details change.
No refund will be provided for charges paid to use the Platform Services, except where required by applicable law. Refunds for subscriptions purchased through the Apple App Store or other in-app purchase channels are handled by Apple in accordance with Apple’s applicable policies and are not processed by Us.
EXCLUSION OF LIABILITY
To the maximum extent permitted by applicable laws and regulations, We disclaim all liability that may arise as a result of your access to and use of our Platform Services.
In particular, We disclaim all liability for the following:
Any business loss (including loss of profits, revenue, contracts, goodwill, reputation, any other intangible assets, or wasted expenditure),
Any indirect or consequential losses that were not foreseeable to both You and Us when We enter into a contractual relationship.
Nothing in these Terms shall limit or exclude our liability in case there is fraud or fraudulent misrepresentation, gross negligence or any other matter for which it would be unlawful under the applicable law for us to exclude or limit our liability.
In any case, Our aggregate liability is capped at the amount of $1000 (One thousand US Dollars)
EVENTS OUTSIDE OF OUR CONTROL
We shall not be held liable for non-performance of our contractual obligations under these Terms if this non-performance is, directly or indirectly, caused by events outside of Our control.
Such events cover, but are not limited to, acts, accidents, or events that are beyond our control:
Fire, explosion, storm, earthquake, subsidence, epidemic, or other natural disasters.
Strikes, lock-outs, or other industrial action.
Civil commotion, riot, invasion, terrorist attack or war or threat or preparation for war.
The acts, decrees, legislation, regulations, or restrictions of any government.
YOUR OBLIGATIONS
You agree to comply with the following obligations when accessing and using our Platform Services:
Providing publicly-available contact details, a refund&cancellations policy, and booking fulfillment conditions.
Our Platform and any Services contained therein do not constitute a marketplace in any way and any contract of sale concluded by using our Platform is made entered into between You and your customer.
We are not a party or beneficiary to such contracts.
You assume full responsibility for the entirety of the contractual relationship between You and your customer.
Your responsibilities include, but are not limited to:
Controlling and approving charges imposed on your customers in relation to your customer’s purchase, returns, legal obligations, refunds, fraudulent transactions, non-compliance with any applicable laws, or breach of obligations defined in these Terms.
You will ensure that all materials, information, and services provided by You on our Platform Services will be accurate and will not be misleading and will comply with all applicable laws and regulations.
We, as Platform Services Provider, disclaim all liability and claims in relation to the sale of your services to your customers on our Platform.
You assume full liability for all services you sell via Platform Services. This includes, but is not limited to:
Description of services,
Price for services, including taxes, fees,
Mandatory legal disclosures, regulatory compliance,
Publishing of promotional material,
Complying with all applicable laws.
Use of our Platform Services in a way that violates laws applicable to you or to your customers is strictly prohibited.
You hereby warrant that You will satisfy all laws and regulations that apply to You when using our platform Services and performing your obligations.
You assume full liability for any loss, harm, or damage that arises as a result of, or in relation to the actions of your subcontractors, your employees, or your affiliates.
All Platform Services are provided for your use without any expressed or implied warranties or representation and on an as-is basis.
We disclaim any warranty for the continuity of our platform Services and We do not guarantee that our Platform Services will be free of errors or security risks.
In the event that someone believes that a Client violates copyright while using Our Platform Services, they can send us a DMCA notice at: support@kiwilaunch.com
We reserve the right to remove content on the platform and/or put the account on hold upon the receipt of such a complaint.
DISCLAIMERS FOR THE QUALITY OF SERVICES AND RESULTS
We do not provide any warranty for the quality of the Services purchased via our Platform Services and Customers hereby agree that We cannot be held liable for any failure on the Client’s part to provide a service that is of a particular quality or any particular result out of the purchase or use of such Services.
YOUR CONTENT AND INTELLECTUAL PROPERTY
Whereas You, the Client, retain ownership of all intellectual property rights in its content and its services You hereby grant Us a non-exclusive, worldwide, royalty-free, non-transferable license to use the intellectual property rights subsisting in the Product, content, services, and any other materials as provided by You to the extent that this is necessary for Us to meet our contractual obligations.
You hereby warrant that You shall use information and data obtained from and in relation to using Platform Services only for the purpose of these Terms. Using This information and data for any other purpose, or disclosure of such information to third parties is not allowed.
You hereby agree that We may identify You and Your business in our lists of clients or customers, and may use your business name, brand, and logo in our promotional materials.
Any other use shall be prohibited unless the prior written consent of the other party is obtained.
PROHIBITED ACTIVITIES AND ACCEPTABLE USE POLICY
We maintain a zero-tolerance policy toward objectionable or abusive content and toward abusive, harassing, or threatening behavior by any user. We reserve the right, at our sole discretion and without prior notice, to remove such content and to suspend or terminate any User Account involved in such activity.
The Client agrees that it will not involve in any prohibited activities specified below:
Use of our website, content, or services for any unlawful purpose,
To solicit others to involve in any unlawful acts,
To violate any Intellectual Property Rights such as trademarks, copyrights, or design, irrespective of whether it is our IP rights or that of others,
To provide Us with false, inaccurate, or misleading information,
To harass, intimidate, abuse, threat, or insult anyone, any kind of defamation, and create hateful content
To interfere with or circumvent the security features we put in place,
Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our Services.
Illegal activities as per the jurisdiction where you offer your services and by the federal laws of the United States and the state of Delaware.
Here is a list of prohibited activities; please note that this is not an exhaustive list, and other activities may also fall into the description stated above. :
Child Exploitation: Users are prohibited from offering goods or services, or posting or uploading materials that exploit or abuse children. This includes, but is not limited to, images or depictions of child abuse or sexual abuse, or presenting children in a sexual manner.
Infringement of Intellectual Property: Users may not offer goods or services, or post or upload materials that infringe upon the copyright or trademarks of others.
Support of Terrorist Organizations: Users are prohibited from offering goods or services, or posting or uploading materials that imply or promote support or funding of, or membership in, a terrorist organization.
Threatening Behavior: Users are prohibited from offering goods or services, or posting or uploading materials that harass or threaten a specific individual.
Malicious and Deceptive Practices: Users are prohibited from using the Services to transmit malware or host phishing pages. Additionally, users may not perform activities or upload or distribute materials that harm or disrupt the operation of the Services or other infrastructure, including third-party providers. Deceptive commercial practices or activities are also prohibited.
Content promoting Hate or Violence: Users may not use the Services to promote or condone hate or violence against individuals or groups based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, or veteran status. Additionally, users may not promote or support organizations, platforms, or individuals that promote or condone hate or threaten or condone violence to further a cause.
Illegal Activities: Users are prohibited from offering goods or services, or posting or uploading materials that contravene the laws of the jurisdictions where they operate or do business.
Spam: Users may not use the Services to transmit unsolicited commercial electronic messages.
Promotion of Self-Harm: Users may not offer goods or services, or post or upload materials that promote self-harm.
Protection of Personal Information: Users may not post or upload materials that contain personally identifiable information, sensitive personal information, or confidential information without proper authorization. This includes credit card numbers, national ID numbers, or account passwords. Users are also prohibited from collecting, storing, or processing any protected health information subject to applicable laws without proper authorization.
INDEMNIFICATION
Client or Customer (“Indemnifying Party”), as defined in section 4, shall indemnify Us, our directors, employees, and service providers (“Indemnified Party”) against all claims, causes of action, damages, losses, liabilities, expenses, including attorney fees, brought forward in relation to the provision of its Services, its access to or use of our Platform Services especially if such claims are in connection with Client’s/Customer’s breach of its contractual obligations, its warranties or representations.
INTELLECTUAL PROPERTY RIGHTS
Our Website, Services, and Content are and remain our property or the property of our licensors.
You shall not, and/or shall not enable any other party to:
(a) Reverse engineer or attempt to extract the source code of our Website except as allowed under law;
(b) License, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of our Website and Content;
(c) Launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of our Website or data;
(d) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Company Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work;
(e) use Company Names, Marks, or Works as your social media profile picture or wallpaper;
(f) purchase keywords (including, but not limited to Google AdWords) that contain any Company Names, Marks, or Works; or
(g) apply to register, reference, use, copy, and/or claim ownership in Company’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.
SUBCONTRACTING
We reserve the right to use subcontractors of our choice to carry out Our business activities, provide access to Our platform, and make Our Services available. In any event, We shall remain solely responsible for the proper performance of the Services specified in the Terms.
GOVERNING LAW AND JURISDICTION
The access to and use of Our Website, access to and use of our Platform Services, and these Terms shall be governed by the laws of Delaware, U.S.A.
Any dispute arising out of or in relation to Our Website, purchase of services, or these Terms shall be subject to the exclusive jurisdiction of the Courts of Delaware.
CHANGES TO THESE TERMS AND CONDITIONS
We can unilaterally change these Terms on 7 days’ notice.
A notice sent to your Primary Email by Us shall be deemed to have been received after three days following the delivery of such email.
Changes to the fees charged
We may unilaterally change the amount of fees charged with 30 days' notice.
The 30-day notice period begins on the date We send an email notification to Your Primary Email address. The date on which this email is accessed or read by you does not have any effect on this 30-day notice period.
SMS SERVICES
Our platform enables You to communicate with your customers via SMS.
You warrant that you will only use this SMS functionality in compliance with the following and also with these Terms:
https://www.twilio.com/legal/aup
EMAIL
You may send and receive emails via your Account.
Your use of our email services must comply with the following:
You authorize Us to use content scanning tools to scan your emails to enhance security, prevent scam and phishing attacks,
You will comply with all applicable laws and regulations,
You should refrain from sending emails to unspecific domains,
You must include an unsubscribe link in the email,
You must not send emails in a way that may lead to spam complaints.
ENTIRE AGREEMENT
These Terms constitute the complete and exclusive agreement between the parties. It supersedes all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this subject matter.
TERMINATION
These Terms shall enter into force upon your access to and use of our Platform Services and shall remain in force until the termination of these Terms as described below:
Termination of these Terms by You
You have the right to terminate your use of our Platform Services at any time by contacting us at:
Termination by Us
We may terminate your use of our Platform Services at any time without having to provide prior notice.
In particular, we may terminate your access and use of our Platform Services on the suspicion of fraudulent activity.
What will happen upon termination?
We will no longer allow you to access and use our Platform Services.
Upon termination, we will delete or anonymize your personal data within a reasonable period, except where retention is required to comply with legal, tax, accounting, or regulatory obligations, or to resolve disputes and enforce our agreements. You may request deletion of your personal data at any time in accordance with applicable data-protection laws (including the GDPR and CCPA); please refer to our Privacy Policy for details.
Unless specified to the contrary in these Terms, you will not be refunded any amount.
Any amount owed by You for the access to and use of our Platform Services until the date on which the termination takes effect will be immediately due upon termination of the Terms and you will receive.
An invoice will be emailed to You for any amount due.
Upon termination of these Terms, all rights and obligations that arise out of these Terms will cease to exist, except for:
Your obligations in relation to the transactions completed prior to the termination date and your subscription,
Following sections in these Terms shall remain valid after the termination:
Section 9: Confidentiality
Section 10: Payment, Taxes, and Fees
Section 11: Exclusion of Liability
Section 15: Your Content and Intellectual Property
Section 17: Indemnification
Section 18: Intellectual Property Rights