These Terms of Service govern access to and use of KIWAMI, provided by Japan Development Support. By using KIWAMI, you agree to these Terms.
These Terms of Service ("Terms") govern access to and use of the website at https://kiwami-jds.com and the KIWAMI application at https://app.kiwami-jds.com, together with related features and services (collectively, the "Service"), provided by Japan Development Support ("Japan Development Support", "we", "us" or "our"). By creating an account, or by accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
"Customer" means the organisation that has registered to use KIWAMI. "User" means any individual who accesses the Service, including staff, administrators and authorised contacts of a Customer. "Customer Content" means any data, documents, photographs, records or other content submitted to or generated within the Service by a Customer or its Users. "Connected Service" means a third-party platform a User chooses to link to KIWAMI, such as Meta/Facebook, Instagram, Threads, X, LinkedIn, Google or Supabase.
You must have the legal capacity to enter into a binding contract to use the Service. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and "you" refers to both you and that organisation.
You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for all activity that occurs under your account. Notify us promptly at info@kiwami-jds.com if you become aware of any unauthorised use of your account.
A Customer may designate one or more administrators within KIWAMI who can manage Users, roles and permission levels for that Customer's account. Administrators are responsible for managing appropriate access levels for their organisation's staff, clients, subcontractors and contacts within the Service.
You may use the Service only for lawful business purposes connected with construction and business operations management, in accordance with these Terms. You must not: use the Service to violate any applicable law; attempt to gain unauthorised access to any part of the Service or another Customer's data; upload malicious code; interfere with or disrupt the integrity or performance of the Service; reverse-engineer or attempt to extract the source code of the Service, except as permitted by law; or use the Service to send unsolicited communications or to publish unlawful, defamatory or infringing content.
As between you and Japan Development Support, you retain ownership of Customer Content. You grant Japan Development Support a limited, non-exclusive, worldwide licence to host, store, process, display, transmit and back up Customer Content solely to the extent necessary to provide, maintain, secure and support the Service, and to perform actions you specifically authorise, such as publishing to a Connected Service.
You are responsible for the accuracy, lawfulness and appropriateness of any construction, client, subcontractor, employee or other information you or your Users upload to the Service, including having any necessary rights and consents to submit that information.
The Service may allow Users to connect Connected Services, where a User chooses to do so. Your use of any Connected Service is subject to that provider's own terms and privacy policy, in addition to these Terms. We are not responsible for the availability, content or practices of any Connected Service.
Where the Service is used to publish content to a Connected Service (social publishing), you are solely responsible for reviewing and verifying content before it is published. We do not guarantee that any third-party platform will accept, publish, or continue to display content submitted through the Service. Third-party platforms may change their APIs, impose rate limits, suspend access, or experience outages at any time, which may affect the availability of related KIWAMI features; we are not liable for the consequences of such changes made by third parties.
The Service, including its software, design, trademarks and underlying technology, is owned by or licensed to Japan Development Support and is protected by intellectual property laws. Except for the limited licence to Customer Content described above, nothing in these Terms transfers any intellectual property rights to you. If you provide feedback or suggestions about the Service, you agree that we may use that feedback without obligation or compensation to you.
Each party agrees to protect the other party's confidential information using a reasonable standard of care and to use it only as permitted under these Terms. Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.
We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features of the Service from time to time. Some features may be offered on a beta or preview basis; such features are provided "as is", may change or be withdrawn at any time, and may be less stable than generally available features.
Fees, billing periods and plan details, where applicable, will be those set out in the applicable order form, proposal, or pricing page presented to you at the time of purchase or renewal. This document does not set or guarantee any specific pricing.
You may cancel your account in accordance with the process made available within the Service or by contacting us. We may suspend or terminate access to the Service where we reasonably believe it is necessary for security reasons, to address misuse, or in the event of non-payment. Following termination, you should export any Customer Content or records you require before your access ends, as we do not guarantee ongoing access to, or automatic export of, data after termination.
KIWAMI is an operational software tool intended to help manage construction and business workflows. It does not replace professional construction, engineering, legal, accounting, health and safety or other regulatory advice. You and your organisation remain solely responsible for project decisions, approvals, supervision, regulatory compliance and the accuracy of records maintained within the Service.
Content created, uploaded or generated within KIWAMI, including any content produced with the assistance of automated or AI-assisted functionality where such functionality is made available within the Service, must be reviewed and approved by you before you rely on it or publish it. We do not warrant the accuracy or completeness of any such content.
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the extent permitted by applicable law, Japan Development Support's total liability arising out of or relating to these Terms or the Service will be limited to the amount you paid for the Service in the twelve (12) months preceding the event giving rise to the claim, and we will not be liable for indirect, incidental, special or consequential damages. Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded or limited.
You agree to indemnify and hold Japan Development Support harmless from claims, losses and expenses arising from your breach of these Terms, your unlawful use of the Service, or Customer Content you submit, to the extent permitted by law.
KIWAMI is primarily intended as a business service supplied to organisations for business purposes. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified, including under the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986, where those laws apply.
These Terms are governed by the laws of New Zealand. Before commencing court proceedings, the parties agree to attempt in good faith to resolve any dispute through direct discussion. Subject to that, the parties submit to the exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect. These Terms, together with the Privacy Policy and any applicable order or pricing page, constitute the entire agreement between you and Japan Development Support regarding the Service. We may update these Terms from time to time; material changes will be reflected by updating the "Last updated" date above.
Questions about these Terms can be sent to info@kiwami-jds.com.
Japan Development Support
Level 1/4 Waipuna Road
Mount Wellington, Auckland 1060
New Zealand