Merchant Agreement
Effective Date: March 29, 2026
1. Merchant Obligations
As a Kivara merchant, you agree to: honor all coupons issued through contests you create; maintain accurate business information; respond to customer inquiries related to Kivara promotions; and comply with all applicable local, state, and federal laws.
2. Fees
Contest entry fee: $199 per contest. Engagement fee: $0.50 per participant vote (billed at contest close). Featured placement: $25 per day. Platform take rate: 4% on coupon redemption order value. All fees are non-refundable once a contest goes live.
3. Coupon Responsibility
Merchants are solely responsible for funding, honoring, and managing coupons attached to their contests. Kivara facilitates delivery but does not guarantee redemption rates or customer satisfaction.
4. Data Access
Merchants receive aggregated contest analytics (vote counts, category trends, redemption rates). Merchants do not receive individual user personal information. Use of Kivara data for purposes other than improving your business operations on the Kivara platform is prohibited.
5. Termination
Either party may terminate this agreement with 30 days' written notice for convenience. Active contests will be allowed to complete. Outstanding fees remain due upon termination.
5a. Immediate Termination for Cause
Kivara reserves the right to immediately terminate any merchant account without prior notice and without refund for: submission of prohibited content (explicit, hateful, religious, political, violent, or fraudulent material); trademark infringement or misuse of competitor brands; vote manipulation or engagement fraud; misrepresentation of business information; violation of any term of this Agreement or the Terms of Service. Upon immediate termination, all active contests are cancelled, all fees paid are forfeited, all coupon codes are deactivated, and the merchant's profile is removed from the marketplace. This right is non-negotiable and exercised at the sole discretion of CloudFran Technologies.
6. Indemnification
Merchant agrees to indemnify and hold harmless Kivara and CloudFran Technologies from any claims, damages, or expenses arising from merchant's contests, coupons, products, or services.
7. Intellectual Property
The Kivara visual preference marketplace system, including its contest mechanics, AI market generation engine, and engagement-to-loyalty pipeline, is patent pending and the exclusive property of CloudFran Technologies. Merchants may not replicate, reverse-engineer, or create derivative platforms.
⚠️ Content Policy & Account Violations
By using Kivara.ai, all merchants and consumers agree to the following content standards. Violations result in immediate account suspension with no refund.
Prohibited Content
The following content is strictly prohibited on the Kivara platform and will result in immediate account termination:
- Pornographic, sexually explicit, or adult content of any kind
- Religious solicitation, proselytizing, or faith-based discrimination
- Racist, discriminatory, or hate speech content
- Political content, campaign messaging, or partisan advocacy
- Content promoting violence, self-harm, or illegal activity
- Spam, pyramid schemes, or fraudulent offers
- Trademark infringement or unauthorized use of brand assets
- Content targeting or harmful to minors
Enforcement & No-Refund Policy
Kivara Technologies reserves the right to:
- Immediately suspend any merchant or user account found to be in violation of this policy
- Permanently remove all content associated with the violating account
- Forfeit all fees paid — contest entry fees, engagement fees, and subscription payments are non-refundable upon violation
- Report violations to relevant authorities where required by law
Image & Media Standards
All images, videos, and media uploaded to Kivara are subject to automated and manual review. Any media found to violate our content policy will be removed and the associated account suspended without refund. Merchants acknowledge that contest images must be appropriate for all audiences.
Appeals Process
Suspended accounts may submit an appeal within 30 days to legal@kivara.ai. Appeals are reviewed within 5 business days. Refunds are not issued during the appeals process and are only considered in cases of verified false-positive moderation.
⚠️ Content Policy & Account Violations
By using Kivara.ai, all merchants and consumers agree to the following content standards. Violations result in immediate account suspension with no refund.
Prohibited Content
The following content is strictly prohibited on the Kivara platform and will result in immediate account termination:
- Pornographic, sexually explicit, or adult content of any kind
- Religious solicitation, proselytizing, or faith-based discrimination
- Racist, discriminatory, or hate speech content
- Political content, campaign messaging, or partisan advocacy
- Content promoting violence, self-harm, or illegal activity
- Spam, pyramid schemes, or fraudulent offers
- Trademark infringement or unauthorized use of brand assets
- Content targeting or harmful to minors
Enforcement & No-Refund Policy
Kivara Technologies reserves the right to:
- Immediately suspend any merchant or user account found to be in violation of this policy
- Permanently remove all content associated with the violating account
- Forfeit all fees paid — contest entry fees, engagement fees, and subscription payments are non-refundable upon violation
- Report violations to relevant authorities where required by law
Image & Media Standards
All images, videos, and media uploaded to Kivara are subject to automated and manual review. Any media found to violate our content policy will be removed and the associated account suspended without refund. Merchants acknowledge that contest images must be appropriate for all audiences.
Appeals Process
Suspended accounts may submit an appeal within 30 days to legal@kivara.ai. Appeals are reviewed within 5 business days. Refunds are not issued during the appeals process and are only considered in cases of verified false-positive moderation.