Terms of Service AgreementIntroductionWelcome to Kaizen Payments! We are delighted to provide you with our services, which aim to streamline and enhance your payment processes. This Terms of Service Agreement ("Agreement") governs your use of our website, services, and products ("Services") provided by Kaizen Payments, a SaaS company ("Company," "we," "us," "our"). By accessing or using our Services, you agree to comply with and be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use our Services.Contact InformationFor any questions or concerns regarding this Agreement, please contact us at:Email: support@kaizen-payments.comAddress: Kaizen Payments, [Your Company Address]1. Definitions1.1. "User" refers to any individual or entity who accesses or uses our Services.1.2. "Customer" refers to a User who has registered for an account to use our Services.1.3. "Account" refers to the User account created to access and use our Services.1.4. "Content" refers to any data, information, text, graphics, photos, and other materials uploaded, downloaded, or appearing on our Services.1.5. "Subscription Plan" refers to the pricing plan selected by the Customer to access the Services.2. Acceptance of Terms2.1. By accessing or using our Services, you agree to be bound by this Agreement, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Services or to products and services available through the Services.2.2. This Agreement applies to all Users of the Services, including Users who are also contributors of Content.3. Eligibility3.1. You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.3.2. If you are using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.4. Account Registration4.1. To access and use certain features of our Services, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.4.2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account.5. Subscription Plans and Payments5.1. Subscription Plans: We offer various Subscription Plans that grant you access to different levels of our Services. You can find detailed information about our Subscription Plans and pricing on our website.5.2. Payment: By selecting a Subscription Plan, you agree to pay the subscription fees specified for that plan. Subscription fees are billed in advance on a recurring basis (monthly or annually) as indicated when you sign up.5.3. Automatic Renewal: Unless you cancel your Subscription Plan, it will automatically renew at the end of each billing cycle. You authorize us to charge the applicable subscription fees to your payment method on file.5.4. Cancellation: You can cancel your Subscription Plan at any time through your Account settings. Cancellation will take effect at the end of the current billing period, and you will not be charged for the next billing cycle.5.5. Refunds: Subscription fees are non-refundable. However, we may consider refund requests on a case-by-case basis at our sole discretion.6. Use of Services6.1. License: Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your internal business purposes.6.2. Prohibited Uses: You agree not to use our Services for any illegal or unauthorized purpose, including but not limited to:Violating any applicable laws or regulations.Infringing the intellectual property rights of others.Distributing harmful or malicious software.Engaging in fraudulent or deceptive practices.6.3. Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.7. Content7.1. User Content: You retain ownership of all Content that you submit to our Services. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such Content in connection with our Services.7.2. Prohibited Content: You agree not to submit Content that:Is illegal, harmful, or offensive.Infringes the intellectual property rights of others.Contains viruses or malicious software.7.3. Content Removal: We reserve the right to remove or disable access to any Content that we deem to violate this Agreement or is otherwise objectionable.8. Intellectual Property8.1. Ownership: We retain all right, title, and interest in and to our Services, including all related intellectual property rights. This Agreement does not grant you any rights to our trademarks, logos, or other intellectual property.8.2. Feedback: If you provide us with any feedback or suggestions regarding our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such feedback and suggestions.9. Privacy9.1. Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.10. Confidentiality10.1. Confidential Information: You agree not to disclose any Confidential Information (as defined below) without our prior written consent.10.2. Definition: "Confidential Information" includes any non-public information that we disclose to you in connection with our Services, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.10.3. Exclusions: Confidential Information does not include information that:Is or becomes publicly known through no breach of this Agreement by you.Is received from a third party without breach of any obligation of confidentiality.Is independently developed by you without use of or reference to our Confidential Information.11. Warranties and Disclaimers11.1. Warranties: Our Services are provided "as is" and "as available." We make no warranties, express or implied, regarding our Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.11.2. Disclaimers: We do not warrant that our Services will be uninterrupted, error-free, or secure. We are not responsible for any damages resulting from the use or inability to use our Services.12. Limitation of Liability12.1. Limitation: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:Your use of or inability to use our Services.Unauthorized access to or use of our servers and/or any personal information stored therein.Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services.12.2. Cap on Liability: In no event shall our aggregate liability for all claims relating to the Services exceed the amount paid by you to us during the twelve (12) months prior to the claim.13. Indemnification13.1. Indemnity: You agree to indemnify, defend, and hold harmless Kaizen Payments, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of our Services.14. Termination14.1. Termination by You: You may terminate this Agreement at any time by closing your Account and discontinuing use of our Services.14.2. Termination by Us: We may terminate or suspend your Account and access to our Services at any time, with or without cause, and with or without notice.14.3. Effect of Termination: Upon termination of this Agreement, your right to use our Services will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.15. Governing Law and Dispute Resolution15.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.15.2. Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Association]. The arbitration shall take place in [Your City], and the arbitrator's decision shall be enforceable in any court of competent jurisdiction.16. Miscellaneous16.1. Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the use of our Services and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.16.2. Amendments: We may amend this Agreement from time to time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of our Services after the effective date of the amended Agreement constitutes your acceptance of the amended Agreement.16.3. Waiver: Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.16.4. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.16.5. Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. We may assign or transfer this Agreement at our discretion without restriction.17. Contact InformationIf you have any questions about this Agreement, please contact us at:Email: support@kaizen-payments.comAddress: Kaizen Payments, [Your Company Address]
