1. Acceptance
These terms are an agreement between you and KwikNest ("KwikNest", "we", "us"). By creating an account, or by placing an order through a storefront we host, you agree to these terms and to our Privacy Policy. If you don't agree, please don't use the service.
2. Eligibility
To open a KwikNest account you must have reached the age of majority where you live (18 in most US states and Canadian provinces, and 19 in some). If you sign up for a business, you confirm that you have authority to bind that business to these terms. Shoppers under the age of majority may only buy from a storefront with the involvement of a parent or guardian.
3. Accounts and organisations
Everything in KwikNest happens inside an organisation you belong to. You are responsible for keeping your sign-in details secure and for activity in your organisations. Tell us straight away about any unauthorised access at privacy@kwiknest.com.
4. What KwikNest is
KwikNest provides software that merchants and suppliers use to run their own businesses. We are not a marketplace and we are not the seller of anything sold through a storefront. When a shopper buys from a storefront, the contract of sale is between the shopper and that merchant. When a merchant buys from a supplier, the contract is between the merchant and the supplier.
5. Acceptable use
You will not:
- list fraudulent, misleading, or counterfeit products or services;
- sell goods that infringe intellectual property or break import, export, or sanctions law;
- sell anything on Stripe's restricted businesses list;
- send marketing email or SMS without the consent required by law, including CAN-SPAM and the TCPA in the US and CASL in Canada;
- use the platform to harass anyone or to send unlawful content;
- reverse-engineer the platform, scrape it, or try to get around its security controls.
6. Responsibilities
- Merchants are responsible for their listings and prices, fulfilling orders lawfully, handling returns, collecting and paying taxes where they are required to, publishing their own privacy policy and store terms to their shoppers, and getting any consent needed before sending marketing.
- Suppliers are responsible for the accuracy of their inventory and catalogue, and for honouring the quotes they issue.
- Shoppers buy directly from the merchant. Questions about an order, delivery, or a return should go to the merchant.
7. Your content
You keep ownership of the content you add to KwikNest, such as product details, images, and branding. You give us permission to host, copy, display, and adapt that content only as needed to run your storefront and provide the service. You confirm that you have the rights to everything you upload.
8. Fees and payments
KwikNest has no subscription, setup, or per-seat fees. We charge a transaction fee on payments processed through KwikNest, which is deducted automatically from each payment. Current rates are on our Pricing page and in Settings → Billing. Stripe also charges its own processing fees, which are separate from ours. Our fees do not include taxes; where the law requires us to charge tax on them, we will add it. We, or Stripe, may report your payment volume to tax authorities where required, for example on Form 1099-K in the US.
We will give you at least 30 days' notice before increasing a fee. Changes only apply to transactions made after they take effect.
9. Payment processing
Payment processing services for merchants and suppliers on KwikNest are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these terms or continuing to accept payments through KwikNest, you agree to be bound by the Stripe Services Agreement, as Stripe may update it from time to time. As a condition of KwikNest enabling payment processing through Stripe, you agree to give us accurate and complete information about you and your business, and you allow us to share it, and transaction information about your use of Stripe's services, with Stripe.
10. Refunds and chargebacks
Each merchant sets its own refund and returns policy, within the limits of consumer protection law, and issues refunds from its KwikNest back office. Chargebacks and payment disputes follow Stripe's dispute process. Merchants are responsible for any resulting dispute fees and reversed amounts.
11. Third-party services and AI
Some features rely on services run by other companies, such as couriers, shipping carriers, and sales channels you connect. Those services have their own terms, and we are not responsible for how they perform, for example a late delivery by a courier.
AI features generate suggestions, such as product descriptions or storefront content. AI output can be wrong. Review it before you publish or rely on it; you are responsible for what you publish.
12. Service availability
We work to keep KwikNest available and will tell you about planned maintenance and significant incidents by email. We do not guarantee uninterrupted service, and we are not liable for outages outside our reasonable control.
13. Closing an account
You can close your account at any time by emailing privacy@kwiknest.com. Let us know if you need a copy of your data first. Shoppers can delete their storefront account themselves from the storefront's account page. We may suspend or close an account that breaks these terms after giving written notice, or immediately in cases of fraud, payment abuse, or activity that puts the platform or other users at risk. After an account is closed, we keep data only as described in the Privacy Policy.
14. Warranties
The platform is provided "as is". To the extent the law allows, we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
15. Limitation of liability
To the maximum extent the law allows, our total liability under these terms is limited to the fees you paid us in the 12 months before the claim. We are not liable for indirect, incidental, consequential, or punitive damages, or for lost profits, lost data, or lost business opportunities.
16. Indemnity
You will indemnify KwikNest against third-party claims arising from your products, your handling of customer data, or your breach of these terms.
17. Governing law and disputes
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Disputes will be resolved in the state and federal courts of New Castle County, Delaware.
If you are a consumer, nothing in these terms takes away rights you have under the consumer protection laws of the place where you live that cannot be waived by contract, including your right to bring a claim in your local courts. This includes consumers in Quebec, where the Consumer Protection Act applies.
18. Changes
We may update these terms. We will announce material changes at least 30 days before they take effect. If you keep using KwikNest after that date, the updated terms apply.
19. Contact
Questions or legal notices? Email privacy@kwiknest.com.
Questions or requests? Contact privacy@kwiknest.com.