These Terms govern your access to Kurdivo’s website and your purchase or use of our
OTP, website-development, e-commerce, and advertising services. By requesting,
ordering, paying for, or using a Service, you agree to these Terms and any written
proposal, quotation, statement of work, or campaign plan accepted by you.
1. About Kurdivo and these Terms
“Kurdivo,” “we,” “us,” and “our” refer to the provider of the Services described on this website. “Client,” “you,” and “your” refer to the person or organization purchasing or using a Service. If a signed agreement or accepted proposal conflicts with these Terms, that agreement controls for the conflicting subject.
2. Eligibility and authority
You must have legal capacity to enter a binding agreement. If you act for a company, shop, application, brand, or other organization, you confirm that you are authorized to bind it and provide instructions on its behalf.
3. Scope of Services
Services may include OTP delivery or integration, website and online-store design and development, maintenance, technical consulting, and paid-advertising strategy, setup, creative implementation, management, and optimization. The precise deliverables, schedule, supported channels, revision allowance, price, and acceptance criteria will be stated in the applicable quotation or written project scope.
4. Quotations, orders, and changes
- A quotation is valid only for the period stated in it and becomes binding when accepted in writing, paid, or acted upon by both parties.
- Work outside the agreed scope—including new pages, features, integrations, languages, creative variations, or campaign channels—may require additional fees and time.
- We may rely on instructions sent by your approved contact through email, WhatsApp, or another agreed channel.
5. Client responsibilities
You must provide accurate instructions, timely approvals, lawful content, working account access, brand assets, product details, and any notices or consents required for your business. Delays in your materials, feedback, access, or payments may extend deadlines. You remain responsible for the legality, accuracy, pricing, claims, products, customer service, and business operations connected to your website, app, messages, or campaigns.
6. OTP and messaging Services
- You may use OTP Services only for legitimate authentication, account security, transaction confirmation, or another clearly disclosed and lawful purpose.
- You are responsible for obtaining required user consent, maintaining an appropriate privacy notice, protecting recipient data, and complying with messaging, telecom, consumer, and platform rules.
- You must not use OTP Services for unsolicited marketing, harassment, fraud, identity manipulation, artificial traffic, account farming, security bypass, or unlawful access.
- Delivery may depend on carriers, WhatsApp, telecom networks, device availability, destination rules, third-party filters, and recipient information. We do not guarantee that every message will arrive instantly or successfully.
- We may suspend suspicious traffic, unusual volumes, prohibited content, or activity that could harm users, networks, platforms, or our reputation.
7. Websites and e-commerce projects
- Designs and features are provided according to the approved scope. Unless stated otherwise, third-party hosting, domains, licenses, payment-gateway fees, shipping systems, taxes, and marketplace fees are not included.
- You must test and approve the website before launch. Minor defects reported within an agreed warranty period will be corrected; new requirements and changes are separately chargeable.
- You are responsible for product information, inventory, prices, refund rules, customer data, payment processing, regulatory notices, and ongoing operational compliance.
- Third-party updates, hosting failures, malicious attacks, unsupported modifications, or changes made by another provider may require paid remediation.
8. Advertising Services
- Advertising budgets, platform charges, taxes, creator fees, and production expenses are separate from our management fee unless expressly included.
- You authorize us to manage approved campaign settings and spend within the agreed budget. You remain responsible for funding accounts and approving claims, offers, audiences, products, and creative materials.
- TikTok, Meta, Snapchat, and other platforms control approvals, delivery, auctions, attribution, account restrictions, and policy enforcement. We cannot guarantee approval, uninterrupted delivery, specific sales, return on ad spend, reach, or profitability.
- Performance figures shown on this website or in mockups are illustrative unless expressly identified as verified results for a named campaign.
9. Fees, payment, and taxes
Fees and payment milestones are stated in the applicable quotation. Deposits reserve capacity and may be non-refundable once work or third-party purchasing begins, subject to mandatory consumer rights. We may pause Services for overdue amounts. You are responsible for applicable taxes, bank charges, exchange costs, platform charges, and third-party fees unless the quotation states otherwise.
10. Cancellation and refunds
You may request cancellation in writing. You must pay for completed work, committed resources, approved milestones, non-cancellable third-party costs, and campaign spend incurred before cancellation. Refund eligibility is determined by the accepted scope, work completed, and any non-waivable rights under applicable law. Custom digital work already delivered or substantially performed is not automatically refundable.
11. Intellectual property
You retain ownership of materials you supply and grant us permission to use them to perform the Services. After full payment, you receive the rights in custom final deliverables described in the project scope. We retain ownership of pre-existing tools, reusable code, know-how, templates, processes, libraries, and general components. Third-party assets remain subject to their own licenses. Unless confidentiality is agreed, we may identify you as a client and display completed public work in our portfolio.
12. Confidentiality, data, and security
Each party will use reasonable care to protect non-public business, technical, and account information received from the other. You must provide only data you are entitled to share and must limit access credentials to what is necessary. You are responsible for your legal role in relation to customer data and for providing required notices and instructions. No internet, messaging, or advertising system is completely secure; each party must promptly report known security incidents affecting the Services.
13. Third-party services
Our Services may depend on hosting companies, domain registrars, payment gateways, messaging providers, telecom carriers, analytics tools, plugins, social platforms, and other third parties. Their own terms, availability, pricing, and policies apply. We are not responsible for third-party outages, policy changes, account decisions, data loss, or discontinued features beyond our reasonable control.
14. Acceptable use
You must not use the Services to violate law or third-party rights; distribute malware; deceive consumers; promote prohibited goods; impersonate others; interfere with networks; scrape or harvest data unlawfully; send unauthorized communications; or facilitate fraud, abuse, discrimination, exploitation, or security circumvention.
15. Warranties and service availability
We will perform the Services with reasonable professional care. Except for express commitments in an accepted scope and rights that cannot legally be excluded, Services are provided on an “as available” basis. We do not promise uninterrupted third-party systems, error-free delivery, permanent search rankings, campaign approval, revenue, or a particular commercial result.
16. Limitation of liability
To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, punitive, or consequential loss, including lost profit, revenue, opportunity, goodwill, or data. Our total aggregate liability arising from a specific Service will not exceed the fees paid to us for that Service during the six months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited, including liability arising from fraud or deliberate misconduct.
17. Indemnity
You will defend and indemnify Kurdivo against third-party claims, penalties, losses, and reasonable costs arising from your unlawful content, products, instructions, data practices, messaging recipients, advertising claims, account activity, or infringement of third-party rights, except to the extent caused by our own breach or misconduct.
18. Suspension and termination
Either party may terminate for a material breach that is not corrected within a reasonable written notice period. We may immediately suspend or terminate Services involving fraud, illegality, security threats, platform abuse, material payment default, or significant risk to users or third parties. On termination, accrued payment obligations and clauses intended to survive will remain effective.
19. Events beyond reasonable control
Neither party is responsible for delay or failure caused by events reasonably beyond its control, including internet or telecom failures, platform outages, government action, conflict, civil disturbance, natural disaster, labor disruption, power failure, cyberattack, or supplier interruption. Deadlines will be reasonably extended while such an event continues.
20. Changes to these Terms
We may update these Terms to reflect legal, security, operational, or Service changes. The effective date will be revised when changes are published. Changes will apply prospectively unless applicable law requires otherwise. Material changes affecting an active fixed-scope project will not replace its accepted commercial terms without agreement.
21. Governing law and disputes
These Terms are governed by the applicable laws in force in the Kurdistan Region of Iraq. The parties will first attempt in good faith to resolve a dispute through written negotiation. If no resolution is reached, the competent courts of the Kurdistan Region of Iraq will have jurisdiction, subject to any mandatory consumer forum or right that applicable law does not permit the parties to waive.
22. General provisions
If a provision is held unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue. A failure to enforce a right is not a waiver. You may not transfer your agreement without our consent; we may transfer it as part of a lawful business reorganization or transfer. These Terms and the accepted project documents form the entire agreement concerning the relevant Services.
