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.

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.

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 Procedures, Pricing, Money-Back Guarantee and Availability

6.1 All users are obligated to pay any taxes associated with the usage of our services unless explicitly specified in this document.

6.2 Our platform suggests 2 payment methods for our users, Expert Custom Gateways and KWIGA Payment Gateways. No matter which option you choose, it will be covered by the terms of this agreement.

6.3 Our Payment Options

Every Expert gathering payment for services offered at our platform through KWIGA Native Gateways hereby specifies KWIGA as the primary payment collection agent for the restricted objective of accepting payments from users ordering such services.

6.3.2 All Experts must agree that payments done by Students on our website must be perceived just like payments made right to the Expert. Experts, in their turn, should provide Students with services and help that they request and pay for promptly (just like if the payment was made directly to the Expert). Experts must realize that our liability to pay them is subject to and conditional upon students' success.

6.3.3 Our team can charge a fee for any chargeback on the Experts’ card or PayPal account processed via the KWIGA payment gateways. We will deduct the commission from your payout but give it back to you if you manage to win the dispute. You can check our existing fees on the Knowledge Base. They can be modified.

6.3.4 Once you use our payment gateways, you accept that our platform may store part of your sales for some time to cover losses, money-back, and more extra expenses. To learn how much time is required for those funds to be returned to you, check out our Knowledge Base section. We at KWIGA can modify the period of time and fees at our sole discretion. Our platform will do our best to upgrade the Knowledge Base section to inform you of any modifications that can happen.

6.4 Professional Custom Gateways

6.4.1 Every Expert may select to install a custom gateway to receive payments from Students. Financial operations that occur between these two parties with the involvement of the third-party gateway are not under the control of KWIGA. If you pick a third-party platform for payments, you should realize that it has nothing to do with our website, and we are not responsible for any delays or other problems that might happen. Such payments are made based on the policies of the provider that you choose. They are not somehow related to our money-back guarantee.

6.4.2 Our platform has no control or power over fees set up by Expert Custom Gateways (third-party providers). At the same time, KWIGA can track the sums You have to pay to Experts and affiliates. However, the reps from our platform do not possess the opportunity to deduct money from transaction fees conducted via third-party payment gateways. Professionals that use our platform are liable for paying authors and affiliates on their own.

6.4.3 By using Expert Custom Gateways, our platform has no obligation to pay or submit money to any authorities involving sales taxes on the content you offer via Expert Custom Gateways processing.

6.5 VAT

6.5.1 KWIGA is the content supplier and plays the main role in any financial operations for content delivered via our native platform. It does not matter if the Expert is taxable or non-taxable - our service participates in the supply of the content and should gather and remit EU VAT.

6.5.2 If you choose to pay via third-party services, you alone are responsible for EU VAT taxes, costs, and other associated financial activities. Users who use Expert Custom Gateways don’t possess a contractual arrangement that our platform will gather and remit EU VAT with the support of the Expert Custom Gateways Expert.

6.6 Fees

6.6.1 You can check the prices for our services on our pricing page.

6.6.2 Our platform may charge commission on transactions made through KWIGA payment gateways. If you sign up at our service and accept its terms and conditions, it means that you accept our fees as well. In addition, your profile is fully liable for paying charges set by KWIGA.

6.6.3 If you decide to choose a paid plan/subscription, you should know that you’ll be charged automatically at the start of every billing period. Unless you send a cancellation request to our team or via the messages in your account before the billing period starts, we will charge your fee. Otherwise, you may send your query to support@kwiga.com Please mind that You agree that KWIGA may charge any recurring service to the credit card/debit card that You provide.

6.6.4 KWIGA can restrict access to our platform for a user who does not authorize the transaction. Such a user will obtain access back if he or she activates an account and pays in full.

6.6.5 The platform can pursue commissions owed using payment approaches that might involve charging other payment options with KWIGA and/or retaining collection organizations or legal counsel.

6.6.6 Our platform can propose custom plans and prices. You should also check the pricing page to view the full list. The plans also offer custom billing and payment terms. You will find out about our billing periods, and they may vary from our standard terms.

6.7 Refund Policy

6.7.1 Users have the right to claim money back with no delay within one month after registering and paying for a subscription. We need to learn that you wish to quit your subscription within 30 days after your registration.

6.7.2 Everyone who orders our courses and is part of the KWIGA Native Gateways can claim their money back in thirty days after the sign-up procedure. Experts cannot suggest that Students obtain money back within less than 30 days unless authorized by KWIGA at our platform’s sole discretion.

6.7.3 Our platform can deny providing money back to Experts who do not obey our Refund Policy. Study this guide to find out what abuse means. For instance, offensive behavior means claiming money back for numerous schools or requesting refunds in consecutive months.

6.8 Availability

6.8.1 While we strive to provide a seamless experience, it's important to note that occasional errors may occur. Kwiga does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Kwiga guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. We acknowledge that certain functionalities may occasionally malfunction. Kwiga may make improvements and/or changes to the Platform and its features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours. 

6.9 Relationship between Kwiga and Users

6.9.1 Kwiga is neither a content provider nor an educational institution. Creators and Students are not employees of Kwiga.

6.9.2 Kwiga is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses, bootcamps, digital downloads, and other content (collectively, “Creator Content”) available. Kwiga is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.

6.9.3 LMS Kwiga functions solely as a learning management system and does not process payments or financial transactions between students and creators.

6.9.4 The platform is not responsible or liable for any commitments, representations, or warranties made by creators, including but not limited to:

  • The scope or accuracy of course content

  • The quality or comprehensiveness of instruction

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

  • Timeliness of content delivery

  • Duration of content availability

  • If student’s questions are answered in the timely manner

  • The timeliness or likelihood of responses from the creator or their team to questions or comments, including the possibility of no response

  • Any assurances or guarantees regarding career advancement or development

  • Any guarantees of rewards, gifts, future discounts, or similar incentives.

6.9.5 Any disputes, claims for refunds, or compensation requests must be addressed directly to the creators using their provided contact information.

6.9.6 Kwiga expressly disclaims all responsibility and liability for issues arising from the creator-student relationship.

 7. Suspension & Termination Of Your Account

7.1 Your cancellation of a subscription will only be possible at the end of the then-current billing cycle. Once you quit, your plan automatically becomes free. We will deactivate functions that are for the users who possess paid plans.

7.2 Individuals within the European Union, as opposed to business clients, are entitled by law to a "cooling-off" duration during which they can cancel distance sales agreements, including online contracts, for any reason. This time frame, if relevant, commences upon the formation of a contract and concludes 14 calendar days thereafter.

7.3 It is possible to eliminate your account whenever you want it. If your account is not active for a while (e.g., for at least three months), our system may delete it. KWIGA alone has the right to define this period.

Your account will remain active unless you turn to our team so that we eliminate it for you. If the account is removed, your content becomes unavailable. Our platform is not liable for data that you lose once you remove your account. KWIGA terminates all licenses granted by us after you decide to delete your account.

7.4 We reserve the right to suspend or terminate your Account at any time, without prior notice, for any reason (except when required 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 terminate your Account if it remains inactive for 3 months. The termination of your Account and these Terms will not affect any rights or obligations that existed prior to the termination.

7.5. The following behaviors and content are prohibited on our platform, including any communication with Kwiga personnel or other recipients:

  • Any material that is sexually explicit or pornographic
  • Content that is obscene, offensive, abusive, hateful, or inflammatory
  • Promotion of violence
  • Support or facilitation of illegal activities
  • Discrimination or defamation against individuals or groups based on race, sex, religion, nationality, disability, sexual orientation, or age Intentional harassment, annoyance, alarm, inconvenience, upset, or embarrassment to others
  • Deceptive practices or content designed to mislead
  • Infringement or threat to infringe on another person's privacy or misuse of their personal data without proper authorization
  • Misrepresentation or impersonation of any person, or misrepresentation of your identity or affiliation with the intent to deceive (excluding obvious parodies that do not violate other prohibitions in this clause)
  • False implications of an affiliation with us
  • Violation or facilitation of the violation of intellectual property rights, including but not limited to copyrights, patents, trademarks, and database rights
  • Breach of any legal obligations owed to a third party, such as contractual duties or duties of confidence.

We reserve the right to terminate any cooperation at any time if we determine that the content is damaging to our professional reputation or may harm or offend others. This includes, but is not limited to, content that is defamatory, discriminatory, inflammatory, or otherwise inappropriate. Our commitment to maintaining a respectful and professional environment is paramount, and we will not hesitate to end any association that jeopardizes this standard. Ensuring the well-being and dignity of all parties involved is our top priority, and we will take the necessary actions to uphold these values.

7.6. 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 discontinued.

You will not be eligible for any refunds of Fees, whether pro rata or otherwise, unless otherwise specified in these Terms.

Any outstanding balance owed to Kwiga for your Platform usage until the termination date becomes immediately due and payable in full.

Your Account will be deactivated, and your Customers will lose access to your Content.

Upon Account termination, you acknowledge and agree that we will permanently delete your Account and all associated data, including Contacts, Content, and Campaigns.

8. Limitations of Liability

8.1 If you use our services, you accept the fact that our platform, including all staff members, should not be obligated for any loss, damage, or dispute that results from your usage of our website.

8.2 By agreeing to our terms and conditions, users accept that our platform is not responsible for any damages, losses, or other defects that come from your usage of third-party content or downloads.

8.3 Our platform is in no way responsible for any adverse consequences caused by any viruses, service attacks, malware, and other issues. KWIGA doesn’t provide any guarantees that documents that users upload or download from our site will be fully protected from viruses, malware, and other threats.

8.4 Our principle sounds as "As Is, As Available." It means that by accepting our terms, you agree to obtain an external method of recovering any lost information that could ever be published on our platform.

8.5 Our platform denies any guarantees to KWIGA, and the content contained therein involving warranties for merchantability, suitability for a certain goal, non-infringement, or title.

8.6 We should not by any means be responsible for indirect/direct, special, punitive, or consequential damages that result from the usage or failure to use KWIGA. Should KWIGA's limitation of liability not be applicable, KWIGA will be responsible to cover the damages to You in the amount not exceeding fees paid by You to KWIGA over the prior twelve (12) months directly preceding Your claim, unless required otherwise by law.

8.7 By accepting these terms, you recognize that our platform must not be responsible for any problems like losses and damages if they occur on your side and because of your improper actions. Users who sign up at our service agree to protect and hold KWIGA in safety, including all team members and third-party users who share content with our platform. You agree to defend our platform from any losses, harm, claims, costs that might be caused by your side if you abuse KWIGA or violate our rules. You should stick to all our rules, guidelines, copyright, and intellectual property law.

8.8 Experts and Students are fully liable for ensuring that your website's usage corresponds to our regulations and laws and does not break any rules, including, with no restriction, and intellectual property rights. You should realize your full responsibility for any offensive actions or issues that contradict our policies.

8.9 You accept that KWIGA shall not be responsible for any materials that are published on this platform.

9. Laws and Jurisdiction

9.1 This document must be regulated according to the existing laws of the Cyprus.

9.2 Experts and Students, along with KWIGA, can disagree with taking part in trial by jury. It means, however, that any legal cases that you may face must be solved individually and that you won’t seek to have any controversy as a class, representative, collective, private attorney-general action, or in any proceeding in which You may take part.

9.3 All sides accept that no proceeding will be joined or mixed with another case with no written consent of our platform.

10. Privacy

Your usage of KWIGA is subject to our Privacy Policy.

11. Modifications in the Terms of Use

This document may be changed at any time without prior notice. The user’s sole obligation is to regularly check this agreement to be aware of any modifications. All modifications become active once they are introduced and published in this document. All changes apply to all users registered with our service. If you keep on using KWIGA, it means that you accept all terms and conditions, as well as changes to them. We kindly ask you to review our agreement regularly.

12. Contact Us

In case of any suggestions or questions concerning Terms of Use, contact the representatives of KWIGA. Reach out to our agents through mail or email. The addresses are provided below:

Tuterria LTD
Email: support@kwiga.com