Terms of Service

Last Update: June 10, 2018

The following Terms of Service constitutes an agreement between you and Initial Apps LLC ("us", "we", "our"), also known as KaizenDesk, and our subsidiaries and affiliates, in association with the use of the KaizenDesk website, which includes www.kaizendesk.com, (the “Site”) and its Services, which shall be defined below. Your use of KaizenDesk’s services made available are subject to these Terms of Service. Please read these Terms of Service carefully before using this Site. By using any of our Services, you agree to be bound by, and use our services in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, DO NOT USE OUR SERVICES.

We may make changes to these Terms of Service from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised Terms.

CONTENT

You alone are solely responsible for the content that you provide to the Site, and assume responsibility for anyone that may rely on the information that you provide. We cannot guarantee that the content you provide can be fully removed. In providing content to the Site, you confirm that you own or have permission to use the content that you provide, and that what you provide is fully in compliance with all applicable laws. By providing content to the Site, you grant us permission to use the content, for purposes of providing services to you. Learn more about how the Site uses content that you provide by reading our Privacy Policy.

KaizenDesk cannot guarantee the accuracy or correctness of the information that you provide, such as with respect to Contact Information, Quote, Invoice, and Purchase Order information. You are therefore responsible for ensuring the information you provide is accurate and correct. By use of the Site, you agree that reliance on any information provided by you, KaizenDesk, KaizenDesk employees, or other visitors to the Site is solely at your own risk.

DESCRIPTION OF SERVICES OFFERED AND GENERAL USE POLICIES

KaizenDesk provides Customer Relationship Management ("CRM") business software, specially catered to industrial manufacturers.

By using our service, you are responsible for ensuring accuracy and correctness of the information you provide, and that you are authorized to use our service by any company that you are representing or are affiliated with.

At its discretion, KaizenDesk may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. KaizenDesk does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that KaizenDesk shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such KaizenDesk shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings, unless otherwise stipulated.

Use of our services alone cannot fully ensure compliance with all aspects of applicable federal, state, or local laws. By using our service, you are responsible for complying with all applicable federal, state, or local laws.

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving KaizenDesk’s Services under the laws and statutes of the United States or other applicable jurisdiction. When you register, KaizenDesk may collect information such as your name, e-mail address, birth date, gender, mailing address, phone number, occupation, and industry. You can edit your account information at any time. Once you register with KaizenDesk and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Initial Apps LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Initial Apps LLC Services, or any portion thereof.

CHILDREN'S PRIVACY

Our service is not intended for use of minors under age 13.

Minors under age 13: Our website is not intended for minors under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from minors under 13 years of age. If you are under 13 years of age, do not use or provide any information on this website, or through any of its features, make any purchases through the websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screenname or username you may use. If we learn we have collected or received personal information from a minor under 13 without verification of parental or legal authorized representative consent, we will remove that information. If you believe we might have any personally identifiable information from a minor under 13 years of age, please contact us at EMAIL: [email protected]

TERMS OF SALE

PRICING AND OFFERS. All pricing and offers listed on our website or elsewhere is subject to change without notice.

THIRD PARTY PAYMENT PROCESSING. For online payments (e.g., credit card transaction processing, settlement, and related services), we use the payment services of Stripe (https://stripe.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/us/terms. By using the Site or Services, you agree to be bound by the Stripe US Terms of Service, Stripe Connected Account Agreement, and Stripe Privacy Policy. You hereby consent to provide and authorize us and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information.

PAYMENT INFORMATION. All payment information that you provide in connection with the Services must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing your payment information, you agree that Stripe is authorized to immediately invoice you for all fees and charges due and payable and that no additional notice or consent is required. We reserves the right at any time to change our prices and billing methods.

PRIVACY POLICY

The privacy of our users is very important to us. It is also very important for us to clearly communicate how we use and protect your information. Details of how we use and protect your personal information can be found in our Privacy Policy.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.

INDEMNITY

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.

GENERAL

Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in California, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. These Terms completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Site and Services. Except as expressly provided in these Terms, any modification of or changes to these Terms must be in a writing duly authorized by an authorized representative of ours.

If you have any questions about our Services or these Terms, you may contact us at:

ADDRESS: 7 Rue Brittany, Foothill Ranch California, 92610

EMAIL: [email protected]