Terms of service

These terms are an agreement between you and Kitebird Limited ("Kitebird", "we", "us") for your use of kitebird.app and the Kitebird service. By creating an account or using Kitebird you agree to them. If you use Kitebird for a business, you agree on behalf of that business.

The service

Kitebird lets you plan, create, schedule and publish content to social media accounts you connect, and see how that content performs. Features may change as we improve the service. Some features are labelled beta and may not always work as expected.

Your account

• You must be at least 16 and able to enter a binding contract.
• Keep your login details secure. You are responsible for activity in your account.
• Give us accurate information and keep it up to date.

Connected social accounts

You may only connect accounts you own or are authorised to manage. When Kitebird publishes on your behalf you remain responsible for the content and for following each platform's rules, including the Instagram Terms of Use, Meta Terms, TikTok Terms of Service and the YouTube Terms of Service.

Platforms can change or limit their APIs at any time. If that stops a feature working we will tell you and try to find an alternative, but we can't guarantee any platform's availability.

Your content

You keep ownership of everything you upload or create. You give us a limited licence to store, process and publish it only as needed to run Kitebird for you. You confirm you have the rights to the content you post, including music, footage of other people and branded material.

Acceptable use

Don't use Kitebird to:

• post spam, misleading content or anything illegal;
• infringe anyone's intellectual property or privacy;
• run fake accounts or manipulate engagement;
• harass people, or post hateful or sexually explicit content;
• break, overload or reverse engineer the service, or get around usage limits.

We may suspend accounts that break these rules or that put the service or other users at risk.

Plans and payment

• Paid plans are billed in advance, monthly or yearly, and renew automatically until cancelled.
• You can cancel at any time; your plan stays active until the end of the period you've paid for.
• Prices include GST where it applies. We'll give at least 30 days' notice of any price change.
• We don't give refunds for part periods, except where the law (including the Consumer Guarantees Act 1993, where it applies) says we must.

AI features

AI suggestions can be wrong. Check AI-generated captions and media before you publish them. You are responsible for what you post.

Ending the agreement

You can close your account at any time. We may close accounts with 30 days' notice, or straight away for serious breaches of these terms. After closure we delete your data as described in our privacy policy.

Liability

We work hard to publish every post on time, but we provide Kitebird "as is" and can't promise it will be uninterrupted or error free. To the extent the law allows, we are not liable for indirect or consequential loss, including lost profits or posts that fail because of a platform. Our total liability is limited to the amount you paid us in the 12 months before the claim.

If you use Kitebird for business purposes, you agree the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, to the extent permitted by law.

Changes

We may update these terms. If a change is significant we'll email you at least 30 days before it takes effect.

Law

These terms are governed by the laws of New Zealand, and its courts have jurisdiction.

Contact

Email hello@kitebird.app.