KÖNIVA, INC.

TERMS OF SALE

Last Modified: August 14, 2025

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

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

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

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.