TERMS & CONDITIONS

PLEASE STUDY THIS DOCUMENT ATTENTIVELY.

This document was written to emphasize the terms of use for the KWIGA service. It applies to our Course and Content Professionals, Experts, and the end-users, Students. This document will refer to them as “You” or “Users.” Please read the full text as it contains all the necessary information about our cooperation with you.

This document involves and describes our Privacy Policy, Data Processing Agreement, Cookies Policy, and other information to help you understand what to expect from our cooperation. These files describe Your rights as a user, Expert, Student, or else. In addition, they explain how to work with the KWIGA site.

Our services can be discovered at https://kwiga.com. This site involves all mobile apps, subdomains, and other data that belong to and is managed by KWIGA. Each time we recall the infrastructure in this Agreement, we’ll refer to it as the Platform.

1. Intro

TUTERRIA LTD set up KWIGA to help experts create, post, and offer educational content to their Students. Our platform allows users to utilize various tools for content creation and management, including extra features: payment gateways, affiliate programs, etc. The full range of instruments and services will be called KWIGA Services further in this document.

When using our platform, you accept our terms and conditions and agree to comply with them fully. You should not use our Platform in any sense and for any purposes if you cannot accept our Terms and stick to them.

This Platform is not an educational establishment, marketplace, or content provider. None of our guests or registered users are our staff. We are not liable for communication and interactions between those who use our service for any purpose. The only goal of our Platform is to provide the technical possibility to create and make content available. KWIGA is not responsible for any conflicts, disputes, losses, or damage that may happen from the Expert’s relationship with Students. Experts alone are liable for information that they share with other users.

The Website is available at: https://kwiga.com ("Website") and the content available through the Website or our emails ("Content") is distributed by TUTERRIA LTD, a legal entity registered under with the laws of Cyprus. (registration number HE 394595), registered office: Spyrou Kyprianou, 57, Bybloserve Business Center, 2nd floor, 6051, Larnaca, Cyprus ("we" or the "Company"). The Website, together with the Content, tools, transactions and other services available through the use of the Website, are collectively referred to as the "Service" ("KWIGA").

2. Terms Applicable to All Users

Age

You should be of legal age to access our Platform and use its services. If you are 13-18, please ask your parent or guardian for a permit to use our Platform. Once you register and start using any of our services, you confirm that your parents or guardian allow you to do so. If you have not achieved the age of 13 or up, you cannot use our Platform under any circumstances. We kindly ask you not to create an account in this case.

License

Every user who signs up with our Platform confirms that they are either of the legal age or have permission from their parents or guardians to obtain a limited, non-exclusive license to access our website and use suggested services. You are allowed to use them for both personal and commercial purposes. However, keep in mind that you cannot assign or sublicense our license to a third party unless you ask us for that and receive our permission. It is strongly prohibited to copy our Platform or license, reproduce, redistribute, sell, create derivative works, decompile, or disassemble the Platform. In exchange for our license, You should promise that you would never do any harm to KWIGA’s website. All rights not expressly granted by KWIGA are reserved.

To obtain the right to view content published on our Platform, You should provide permission to use your personal computer or another device to anonymously share this content with other users with the help of a web torrent.

Compliance

All users are obligated to use this Platform as permitted by corresponding laws of Cyprus. Laws refer to federal, local, global, rules, standards, guidelines, and other legal items that might deal with your content, business, mobile apps, and sites, involving those that refer to the privacy and data security (e.g., the California Consumer Privacy Act (CCPA) or the EU General Data Protection Regulation (GDPR)). Any info shared by our Platform was created and published for info goals alone. It is published with no warranty, expressed or implied, including its legal effect and completeness. We cannot assist you with legal counseling. If you’re hesitating regarding any legal procedures and rules, contact organizations specializing in the corresponding field before using our services. We highly encourage You to comply with all applicable laws from the start. By accepting our terms, You become liable for your site and mobile apps, as well as the quality of your content. You also agree to follow all related laws and published policies.

Fair Use Policy

Our team is ready to share our tools and expertise with you unless you can abuse our Platform and team. So we kindly ask our users to avoid misusing KWIGA and stick to our rules and guidelines, as well as relevant laws and regulations. You can look up more details in our Fair Use Policy full document.

3. Terms Applicable to Experts

3.1 Any type of content that KWIGA produces and publishes, should it be software, marks, data, text, graphics, images, audio, and video tracks, and their choice and arrangement, is related to herein KWIGA Content. Our users cannot modify KWIGA content by any means.

3.2 Any piece of content that you publish on our site belongs only to you. Our platform will not insist on intellectual property rights for the data that you attach. If you add your content to our service, it means that you confirm that:

KWIGA may analyze your content, no matter what the reason is. However, we cannot review anything that you post on our site.

KWIGA may share your content with Students that are using the platform if the content is included in a public lesson.

You automatically allow us to save any content that you upload. You also agree to share licenses involving a global, royalty-free, and transferable license to apply your content to further the KWIGA services. Every piece of content you submit and store on our platform can be used for internal purposes of the Platform (analysis of uploaded content, display of content to your users, etc.). At the same time, you have all rights and permissions to use content that you publish on our website.

Using our platform, you promise that it is your original content and did not copy it elsewhere. If the content was not initially produced by you, prove that you have a right to use it.

Experts are obligated to defend personal info that they share with us or get from our platform. KWIGA’s data processing agreement sets out services and Experts’ responsibilities concerning the processing of private data. Our users accept that they will abide by the agreement when and to the extent Data Protection Laws apply to an Expert's use of KWIGA Services to process Student Data or Expert Data.

Professionals that use our service are “owners” of the private data they gather from and about Students. Experts are also liable for providing a privacy notice to their Students. Each side should respect the side and positions of each other. They should follow all laws and regulations. Experts can only eliminate Students’ info if they request and as required by applicable law.

3.3 When you utilize the Platform, you affirm and guarantee that you satisfy all the specified conditions and commit not to employ the Platform in a manner that contravenes any laws or regulations.

3.4 Kwiga reserves the right to decline service to any individual for any cause, terminate the Accounts of any Expert, or modify eligibility criteria whenever necessary.

3.5 Experts utilizing the Kwiga platform affirm and guarantee that all content they upload, publish, or otherwise use—whether on the platform itself or through any associated subdomains—does not infringe upon any third-party copyrights, trademarks, or intellectual property rights. Experts further ensure that all content, including but not limited to videos, text, fonts, images, music, and other media, is either original, properly licensed, or falls under fair usage.

By using the platform, experts confirm that they possess the necessary rights, licenses, and permissions for commercial use of any content they distribute through Kwiga. In the event of any dispute or claim regarding content ownership or usage rights, the expert shall bear full responsibility and hold Kwiga harmless from any related liability, costs, or legal proceedings.

4. KWIGA's Overall Rights

Our platform reserves the rights listed below:

We can delete any user from KWIGA for any reason that contradicts our terms and conditions. This right cannot be changed by any means of this document.

Our platform may change or decline requests from users who wish to use our services at any time without notice.

KWIGA has a right to access user’s profiles and view personal information to reply to requests for tech support. It is done to guarantee the security of our service and other business goals.

Our platform can, but is not liable for, controlling pieces of content that show up on KWIGA or review any cases that refer to our site.

The platform has the right to change or alter the money-back guarantee whenever we believe that it’s necessary.

If you decide to close your account, we have the right to store a copy of your content. Once you upload any pieces of content, you grant KWIGA with a non-exclusive and irrevocable license to keep an archival copy for compliance with any laws and regulations. Of course, that is subject to applicable law.

The platform can change, suspend, or terminate any provision of this document with no notification.

KWIGA reserves the right to delete your account and uploaded content at any time if you have violated any of the platform's terms of service.

5. Copyright, DMCA, Trademark, and Takedown Policy

5.1 If our team decides that the content you publish on our site violates any rights or breaks laws, we will eliminate or block it with no explanations. The platform can eliminate accounts of any users who behave offensively or ignore the rules of our service.

5.2 If our representatives obtain a couple of or more DMCA complaints about any registered user, we have the right to delete that Expert from our database. Please pay attention to our KWIGA's General Rights part. According to it, our team reserves the right to delete any school for any reason. The Repeat Infringement part cannot somehow impact this fact.

5.3 Our platform can restrict access to content that somehow does not correspond to our policies and regulations. We will submit a copy of the trademark infringement claim obtained to the Expert who placed the offensive content.

6. Payment Procedure, Pricing, Refund Policy, and Platform Functionality

6.1 Billing and Payment Terms. 

6.1.1 The Kwiga platform offers two pricing options:

  • “Pay-As-You-Go” Plan: Users who choose this plan receive an invoice at the end of each billing month based on the actual volume of resources used. Payment must be made within three (3) calendar days from the date of invoicing. The user is fully responsible for the timely payment of all billed amounts.

  • Prepaid Package Plans (e.g., Growth, Pro, Big Tuna): These plans offer a fixed volume of resources, paid in advance. If the user exceeds the limits of the selected package during the billing month, such overuse may be paid for under the Pay-As-You-Go plan only as an exception. In case of regular overuse, the user is required to switch to another plan that corresponds to their actual usage volume.

6.1.2 Kwiga reserves the right to restrict access to services in the event of late or incomplete payment. Such a user will regain access once the account is reactivated and paid in full.

6.1.3 Current pricing is listed on the pricing page. Kwiga reserves the right to change plan pricing without prior notice. In case of price changes, payment is charged according to the new rates effective at the time of payment or renewal.

6.1.4 If you decide to choose a paid plan/subscription, you should be aware that payments will be automatically charged at the beginning of each billing cycle. You agree that KWIGA may charge any regular service fee to the credit/debit card you add.

6.1.5 Charges for using the Kwiga platform will continue as long as the account remains active. The fact that the account is unused does not constitute grounds for automatic suspension of charges or refunds.

The account setup period, project creation, content uploads, or other preparatory activities are also considered active use of the platform.

To stop being charged, the user must manually deactivate the subscription in their account settings.

6.2 All users are required to pay taxes related to the use of our services unless otherwise stated in this document.

6.3 Commissions

6.3.1 The platform may charge commissions that apply when using alternative payment methods through KWIGA and/or are retained by collection agencies or legal counsel.

6.3.2 When paying for services on the Kwiga platform, including via bank transfer or other payment instruments, the user's financial institution or payment system may charge additional fees (e.g., banking fees, transfer fees, etc.). All such fees are the user’s responsibility and must be paid independently.

The Kwiga platform is not responsible for the application, amount, or presence of such fees and is not obligated to inform the user about the possibility of such fees. The final amount payable is determined by the terms of the user’s financial institution or payment provider.

In the case of bank transfer payments, the user must select the “OUR” fee type — meaning all associated banking fees are covered by the user. Kwiga must receive the full invoice amount without any deductions for bank or intermediary fees.

6.4 Refund Policy

6.4.1 All payments made for services actually rendered on the Kwiga platform are final and non-refundable.

6.4.2 Payment for pricing plans

All payments made by the user for the Growth, Pro, and Big Tuna pricing plans are final and non-refundable. This rule applies regardless of the actual period of platform usage, including cases of partial use (e.g., 3 days out of 30).

This provision applies to monthly, semi-annual, and annual subscriptions.

6.4.3 Funds credited to the account balance

Funds that the user independently deposits into their balance within the platform are non-refundable. Such funds can only be used to pay for services provided by the platform.

6.4.4 Unused balance upon account closure

If the subscription is deactivated, service use is discontinued, or the account is closed at the user’s initiative, the unused balance in the account will not be refunded.

6.4.5. Bonus Funds

Bonus (promotional) funds credited to the User by the platform as part of loyalty programs, special offers, or other promotional campaigns can be used exclusively to pay for platform services. Withdrawal of bonus funds or refunding them in monetary form is not allowed.

6.4.6. Changing the Pricing Plan and Refunds

If switching to another pricing plan involves a recalculation and refund, such funds can only be credited to the User's internal account balance. Monetary refunds in this case are not made.

6.4.7. Automatic Subscription Renewal

Platform service subscriptions may be automatically renewed for a new billing cycle (month, half-year, or year) according to the terms of the selected plan.

The User is responsible for timely cancellation of automatic renewal. If an automatic charge occurs and the services are activated, funds for the new period are non-refundable, even if the User no longer plans to use the platform.

To avoid automatic charges, the User must deactivate the subscription or change the payment settings in their account before the renewal date.

6.4.8 Exceptions

Refunds are only possible in cases provided for by applicable law or under special conditions defined in separate agreements between the client and Kwiga.
By using the Kwiga platform, you agree to this refund policy and understand that all prepayments are final and non-refundable.

6.5 Platform Availability and Functionality

Despite our efforts to ensure uninterrupted operation, it is important to note that occasional errors may occur. Kwiga does not guarantee that the platform or any services provided through it will be error-free or entirely reliable, nor does it guarantee defect correction or continuous availability of any functionality. We acknowledge that some features may occasionally malfunction. Kwiga may make improvements and/or changes to the platform and its functionality at any time, applying commercially reasonable efforts to avoid disruptions during peak hours.

7. Suspension and Deletion of Your Account

7.1 Service Suspension

7.1.1 To suspend the service and avoid further charges, you must either deactivate the subscription yourself in your account or submit a cancellation request to the platform's support team before the start of the new billing period. Suspension requests must be sent to support@kwiga.com for further processing.

7.1.2 If the suspension request is submitted after the billing period has started, the suspension takes effect from the moment the request is received. Payment for services already rendered will be recalculated according to the usage period.

7.1.3 During service suspension, uploaded data may be deleted within a period defined by the platform. Data retention is not guaranteed. Additionally, if the subscription is deactivated, the retention of information in the account (contacts, transactions, etc.) is not guaranteed and may be lost.

7.2 Account Deletion

You may delete your account at any time. If your account remains inactive for a certain period (e.g., at least three months), our system may delete it. Only KWIGA has the right to determine the length of this period.

Your account will remain active unless you request our team to delete it. Once the account is deleted, its contents become inaccessible. Our platform is not responsible for any data you may lose after account deletion. KWIGA revokes all licenses issued to you upon your decision to delete your account.

7.3 We reserve the right to suspend or delete your account at any time, without prior notice, for any reason (except where required otherwise by law). This includes situations where we suspect fraudulent activity related to your use of the Platform or if you violate these Terms in any way. Additionally, we may delete your account if it remains inactive for 3 months. Termination of your account and these Terms does not affect any rights or obligations existing prior to termination.

7.4. The following actions and content are prohibited on our platform, including any communication with Kwiga staff or other users:

  • Any sexually explicit or pornographic materials

  • Content that is obscene, offensive, violent, hateful, or provocative

  • Promotion of violence

  • Support or facilitation of illegal activity

  • Discrimination or defamation of individuals or groups based on race, gender, religion, nationality, disability, sexual orientation, or age

  • Intentional harassment, annoyance, anxiety, inconvenience, distress, or embarrassment of others

  • Deceptive practices or content intended to mislead

  • Violation or threat to the privacy of another person, or unauthorized use of their personal data

  • False claims of affiliation with us

  • Violation or facilitation of violation of intellectual property rights, including but not limited to copyrights, patents, trademarks, and database rights

  • Violation of any legal obligations to third parties, such as contractual obligations or confidentiality duties

We reserve the right to terminate any cooperation at any time if we determine that the content harms our professional reputation or may offend or harm others. This includes, but is not limited to, defamatory, discriminatory, provocative, or otherwise inappropriate content. We are committed to maintaining a respectful and professional environment and will immediately end any engagement that threatens these standards. Ensuring the well-being and dignity of all participants is our top priority, and we will take all necessary steps to uphold these values.

7.5 Consequences of Termination

In the event of termination of your account by either party for any reason:

Your access to the Platform and your account will be terminated.

You are not entitled to any refunds, including partial refunds, except in cases specified in these Terms.

Any outstanding balance owed to Kwiga for use of the Platform up to the termination date must be paid in full immediately.

Your account will be deactivated, and your clients will lose access to your content.

Upon account deletion, you acknowledge and agree that we will permanently delete your account and all related information, including contacts, content, and campaigns.

8. Payment Acceptance and Refund Policy for Projects, Schools, and Course Authors from Clients

8.1. The Kwiga platform is not a party to financial transactions between clients (learners) and projects, schools, or course authors (hereinafter referred to as “Experts”). All payments from clients are made not through the Kwiga platform, but directly via payment gateways that each Expert connects independently.

8.2. Each Expert has the right to set up their own payment gateway for receiving payments from clients. All financial transactions conducted through such a gateway are carried out directly between the Expert and the client and are not controlled by the Kwiga platform.

8.3. If a third-party payment service is used, the client must understand that such service is not part of the Kwiga platform, and Kwiga bears no responsibility for any delays, technical or financial issues that may occur during the processing of the transaction. Such payments are governed solely by the terms of the selected payment provider.

Kwiga also does not control any additional fees that may be applied by third-party payment gateways connected by the Expert. Clients are solely responsible for reviewing the terms of service and rates of the selected payment service prior to making a payment.

8.4. Terms of payment, access to learning content, fulfillment of obligations, and refund policies are governed by public offers posted by Experts on payment pages and/or registration forms. Each client is obliged to review the terms of the offer before making a payment. The act of payment confirms acceptance of the offer’s terms.

8.5. If there are any questions regarding the terms of the offer, it is the client’s responsibility to clarify all details prior to payment. Making a payment without prior review or understanding of the terms is not grounds for disputing the payment or requesting a refund.

8.6. Responsibility for timely provision of access to materials, quality of services, and decisions regarding refunds lies solely with the relevant Expert who received the payment.
The Kwiga platform does not refund money to clients, as it is not the recipient of the payments. Such transactions are not subject to Kwiga’s refund guarantees, even if the payment integration is implemented via an interface hosted on the platform.

8.7 The Kwiga platform is not responsible for the quality or actual provision of services by Experts (projects, schools, course authors), does not verify the content of educational materials, access timelines, or the fulfillment of obligations to clients, and does not have legal or actual authority to influence Experts’ refund decisions.

All claims related to the content, quality, or volume of services provided must be addressed directly to the relevant Expert who received the payment.

If the client and Expert cannot resolve a dispute on their own, such matters are subject to resolution through the courts or by contacting competent government authorities in accordance with applicable law.
The Kwiga platform is not a party to such disputes and does not act as an intermediary in interactions between clients and Experts.

9. Interaction of the Kwiga Platform with Students and Clients of Experts

9.9.1 Kwiga is not a content provider or educational institution. Course authors, marathon hosts, and other creators of educational content (hereinafter “Content Authors”) and students are not employees of Kwiga.

9.9.2 Kwiga is not responsible for interactions between authors and students, except for providing the technological tools through which authors can broadcast and deliver their courses, marathons, digital materials, and other content. Kwiga is not liable for disputes, claims, damages, injuries, or any other consequences resulting from interactions between authors and students, including, but not limited to, any actions by students based on information provided by the author or included in their content.

9.9.3 The LMS Kwiga operates exclusively as a learning management system and does not process payments or financial transactions between students and content authors.

9.9.4 The platform is not responsible for any obligations, statements, or guarantees made by content authors, including but not limited to:

  • The volume or accuracy of course content;

  • The quality or completeness of the knowledge provided;

  • The originality, relevance, or applicability of course content;

  • The timely publication of content;

  • The duration of access to the content;

  • Timely responses to student questions and comments;

  • The likelihood or speed of response from the author or their team, including the possibility of no response;

  • Guarantees of career growth or development;

  • Promises of rewards, gifts, future discounts, or other incentives.

9.9.5 All disputes, refund requests, or compensation claims must be directed to the content authors using their provided contact details.

9.9.6 Kwiga explicitly disclaims any responsibility for issues arising from the relationship between a content author and a student.

10. Limitation of Liability

10.1 By using our services, you acknowledge that our platform, including all of its staff, is not responsible for any losses, damages, or disputes that arise from your use of our website.

10.2 By agreeing to our terms, users accept that the platform is not responsible for any losses or defects resulting from the use of third-party content or its download.

10.3 Our platform is not responsible for any adverse effects caused by viruses, attacks, malware, or other problems. KWIGA does not guarantee that files downloaded from or accessible through the site are protected from such threats.

10.4 Our principle is "As is, as available." This means that by accepting the terms, you agree to independently restore any lost data that may have been published on the platform.

10.5 The KWIGA platform provides no guarantees regarding content, including merchantability, fitness for a particular purpose, or non-infringement of ownership rights.

10.6 We are not liable for direct, indirect, special, punitive, or incidental damages arising from the use or inability to use KWIGA. If the limitation of liability is not applicable, KWIGA’s maximum liability will not exceed the amount you paid to KWIGA in the twelve (12) months preceding your claim, unless otherwise provided by law.

10.7 By accepting these terms, you acknowledge that the platform is not liable for losses caused by your actions. Registered users agree to defend and indemnify KWIGA and all its affiliates from claims, expenses, and damages resulting from violations of the terms or misuse of the service.

10.8 Experts and students bear full responsibility for ensuring that their use of the platform complies with laws and internal rules, including respecting intellectual property rights. You are obligated to be aware of your responsibility for any offensive actions that violate our policy.

10.9 You agree that KWIGA is not responsible for content posted on the platform.

10.10 Kwiga does not claim ownership or take responsibility for content hosted on subdomains and is not liable for copyright infringement, misleading information, or legal disputes arising from such content. Subdomain owners are required to comply with all applicable laws and regulations related to content use, copyright, and intellectual property rights.

If content violating our policy or legal requirements is discovered, Kwiga reserves the right to take appropriate action, including but not limited to removing content, restricting access, or terminating services to the relevant subdomain.

11. Law and Jurisdiction

11.1 This document is governed by the laws of Cyprus.

11.2 Experts and students, along with KWIGA, may waive participation in jury trials. This means that any disputes must be resolved individually and not as part of a class, representative, collective, or private attorney general action.

11.3 All parties agree that no legal proceedings will be joined or combined with another case without the written consent of the platform.

12. Privacy

Use of KWIGA is governed by our Privacy Policy.

13. Changes to the Terms of Use

This document may be amended at any time without prior notice. Users are responsible for regularly checking for updates. All changes take effect upon publication and apply to all registered users. Continued use of KWIGA signifies your acceptance of the new terms.

14. Contact Information

If you have any suggestions or questions regarding the Terms of Use, please contact KWIGA representatives by mail or email. Contact details are provided below:

Tuterria LTD

Email: support@kwiga.com