TERMS OF SALE
1. Please Read—Important Terms & Dispute Resolution
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS, AND LIMITATIONS.
DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION (NO JURY OR CLASS ACTIONS), EXCEPT AS NOTED BELOW.
BY PLACING AN ORDER THROUGH OUR WEBSITE OR APP, YOU CONFIRM YOU ARE 21+ AND AGREE TO THESE TERMS.
DO NOT ORDER IF YOU (A) DISAGREE WITH THESE TERMS, (B) ARE UNDER 21, OR (C) ARE PROHIBITED BY LAW FROM USING OUR SERVICES.
2. Scope; Changes
These Terms of Sale ("Terms") apply to purchases of subscriptions, credits, and other digital services through koniva.com (the "Site") or the Köniva app (the "App"). We may update these Terms at any time in our discretion. Changes apply from the "Last Modified" date above. Your continued use after that date means you accept the updates. Review these Terms and our Privacy Policy before purchasing.
3. Köniva Services
Köniva provides software and related digital offerings for beverage-industry workflows (for example, voice-first inventory tools, training content, and analytics). Availability and features may vary by plan and platform.
4. Order Acceptance and Cancellation
Your order is an offer to purchase under these Terms. All orders must be accepted by us. We may accept or decline at our discretion—even after sending an order confirmation.
5. Prices and Payment Terms
- Pricing. Posted prices, discounts, and promotions may change without notice. The price in effect at the time of order applies and will appear in your confirmation. Prices exclude taxes and any applicable fees, which will be itemized at checkout.
- Promotions. From time to time, we offer promotions governed by additional terms; if those conflict with these Terms, the promotion terms control for the offer.
- Payment. Terms of payment are at our discretion and payment must be received before we accept an order. You represent that your payment information is accurate, you are authorized to use it, and you will pay all charges at posted prices, including taxes.
6. All Sales Final
All sales are final. If technical issues prevent or unreasonably delay delivery or access, our sole obligation is to (a) re-provide access or (b) refund the price paid, at our option. We may refuse refunds and suspend service for suspected fraud, abuse, or unlawful activity.
7. Service Availability; Maintenance
Offerings are digital; nothing ships. We strive for high availability but may limit or suspend access for maintenance, security, or operational reasons. Your exclusive remedy for unplanned downtime is service restoration; we may, at our discretion, issue a prorated credit.
8. Use Limits; No Resale or Export
Plans may include usage limits (for example, seats, storage, API calls, minutes). We may throttle, restrict, or charge overages for excess or abusive use. You agree not to resell, sublicense, or export access, accounts, credits, or content obtained through the Site or App.
9. Privacy
Our Privacy Policy explains how we collect and use information related to your purchases and use of the Services.
10. Communications and Text Messages
By using the Services, you consent to receive electronic communications, including email, SMS, MMS, push, or in-app messages. Providing your mobile number authorizes automated texts for transactional or operational purposes. You may opt out by replying "STOP." Message and data rates may apply. If you change or deactivate your number, promptly update your account to prevent messages to the wrong party.
11. Warranty Disclaimer
ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT SUCH DISCLAIMERS; WHERE PROHIBITED, THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED.
12. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION—REGARDLESS OF THEORY AND EVEN IF FORESEEABLE.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PURCHASE IS LIMITED TO THE AMOUNT YOU PAID TO KÖNIVA FOR THE RELEVANT SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. LIMITATIONS APPLY TO THE EXTENT PERMITTED BY LAW.
13. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control—e.g., natural disasters; war, terrorism, or civil unrest; government actions; epidemics; labor disputes; carrier or utility outages; or internet/telecom failures.
14. Governing Law and Jurisdiction
These Terms are governed by Washington State law (without regard to conflicts rules). The Site and App are operated from the United States.
15. Dispute Resolution and Binding Arbitration
- Agreement to Arbitrate. Any dispute or claim arising from or relating to your purchase will be resolved exclusively by binding arbitration on an individual basis.
- Rules; Authority. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules, as modified by this Section; the Federal Arbitration Act governs enforceability. The arbitrator has exclusive authority to resolve disputes about arbitrability and enforceability, and may award any relief available in court.
- Small-Claims Option. You may elect to bring an individual claim in small-claims court within 60 days of purchase, if eligible.
- No Class Actions. You and Köniva agree that claims may be brought only in your or our individual capacity—not as a plaintiff or class member in any purported class or representative proceeding.
- Severability. If any part of this arbitration section is found unenforceable, the remainder will be enforced to the fullest extent permitted.
16. Assignment
You may not assign rights or delegate obligations under these Terms without our prior written consent. Any unauthorized assignment is void.
17. No Waiver
A failure to enforce any right is not a waiver. A waiver is effective only if in writing and signed by an authorized representative.
18. No Third-Party Beneficiaries
These Terms create no rights for any person other than you and Köniva.
19. Notices
- To You. We may provide notices by email to the address in your account or by posting to the Site/App. Emails are effective when sent; posted notices are effective when posted. Keep your email current.
- To Us. Email notices to team@koniva.com.
20. Severability
If any provision is invalid, illegal, or unenforceable, it will be severed and the remaining provisions will continue in full force.
21. Entire Agreement
These Terms, together with our Terms of Service, Mobile App EULA, and Privacy Policy, form the final and complete agreement regarding purchases through the Site or App.
If you have a separate signed agreement with Köniva, that agreement controls to the extent of any conflict.