Terms and Conditions
1. ACCEPTANCE OF TERMS
1.1. The term ‘we’ means KaizApp AG, a company registered in Switzerland whose registered office is Rathausstr. 7, 6341 Baar, Zug, Switzerland and company registration number is CHE-483.840.519 (“us” and “our” will be construed accordingly). KaizApp AG is the owner and operator of the websites www.Kaizapp.com and its related mobile application (app), together with all features, services or tools available through the app (collectively referred to in these Terms as "KaizApp").
1.3. The Services will evolve over time based both on our ongoing development and user feedback. We reserve the right to change these terms at any time, effective upon the posting of such modified terms on our website. We will also endeavour to communicate these changes to you via an in-App message. It is however your obligation to ensure that you have read, understood and agreed to the most recent terms available on the website.
The following definitions are applicable:
2.1. “Account” means the primary means for accessing and using the KaizApp Services, subject to payment of a fee agreed to;
2.2. “Account Holder” means the initial subscriber to the Service who shall hold Account management authority to permit and regulate Invited Members;
2.3. “Agreement” means these terms of Service;
2.4. “App” means the KaizApp Application
2.5. “Fee Schedule” means the information relating to subscriptions and billings set out on the KaizApp Subscriptions and Billings Pages of the website which may be updated or amended by KaizApp from time to time;
2.6. “Intellectual Property Right” means any patent trademarks, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights anywhere in the world whether or not registered;
2.7. “Invited User” means any person or entity, other than the Account Holder that uses the Service with the authorisation of the Account Holder, from time to time;
2.8. “KaizApp” means KaizApp AG (a company registered in Switzerland under company registration number CHE-483.840.519 );
2.9. “Services” means the software services (as may be changed or updated from time to time) made available via the App and Website;
2.10. “Account Holder/You” are terms which may be interchanged both meaning the person who registered to use the Service and where the context permits includes any entity on whose behalf that person registers to use the Service;
2.11. “Subscription Fee” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule;
2.12. “User Data” means any text, images, data or other content inputted or uploaded by you or with your authority into the Services;
2.13. “Website” means the internet site at the domain www.kaizapp.com or any other site operated by KaizApp ;
3. USER DATA
3.1. You confirm that you own or have the necessary rights and permissions to the User Data and you authorise us to use all copyright, trademark or other proprietary rights in and to any User Content to enable the use, storage and transmission of the User Data by KaizApp in accordance with these Terms.
3.2. Subject to the terms of clause 3.1 in particular and the terms of this agreement in general, the copyright and ownership of all User Data shall remain Yours.
3.3. You agree that You are fully responsible for the User Data that You submit or upload.
3.4. KaizApp shall use all commercially reasonable endeavours to secure all User Data in accordance with best practice. However, you acknowledge and accept that no electronic system can be guaranteed to be completely secure. You agree that KaizApp will not be liable to you for any breach by a third party of our security systems.
4. USE OF SERVICE AND KAIZAPP’S SOFTWARE
4.1. KaizApp grants You the right to access and use the Service via the App and Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Account Holder and the Invited Users, or any other applicable laws:
4.1.1. The Account Holder determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
4.1.2. The Account Holder is responsible for all Invited Users’ use of the Service; regardless of whether they have been invited directly by the Account Holder or by a Team Leader within the Account Holder’s Account;
4.1.3. The Account Holder controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
4.1.4. If there is any dispute between an Account Holder and an Invited User regarding access to any organisation or Service, the Account Holder shall decide what access or level of access to the relevant User Data or Service that Invited User shall have, if any.
5. PAYMENT OBLIGATIONS
5.1. KaizApp may grant specific users the right to Beta Test the KaizApp Service for a limited period at a reduced subscription rate of $1 per user, per month (or such other subscription charge which may be offered by KaizApp at its complete discretion). The details of such Beta Test period will be agreed between KaizApp and the user in each case. On the expiry of such Beta Test period, the standard Subscription Fees will become automatically due and payable. KaizApp reserves the right to terminate the account of any user during a Beta Test period for any reason at its discretion.
5.2. An invoice for the Subscription Fee will be issued each month or year in accordance with the details set out in the Fee Schedule. KaizApp will continue invoicing You in accordance with the Fee Schedule until this Agreement is terminated in accordance with clause 13.
5.3. All KaizApp invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Fee Schedule. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
5.4. Once You have subscribed for a period You are liable for payment for the full subscription for that period in respect of each Invited User in Your Account upon commencement of the subscription period regardless of whether:
5.4.1 payment is effected in monthly or other instalments; or
5.4.2. You continue to utilise or access the Services or not; or
5.4.3. an Invited User has been temporarily deactivated by You.
5.5. You are liable for pro-rata subscription payments in respect of any Invited Users added to the Account part-way through any subscription period.
5.6. You are not liable for payment of subscription fees upon commencement of a subscription period in respect of any former Invited User who has been deleted from Your Account.
5.7. No refunds are payable in respect of periods of down time caused by reputable third party User Data hosting services
5.8. Contracts which are on an annual basis shall unless terminated in writing 30 (thirty) days prior to the Termination Date be automatically extended for a further annual period. Contracts which are on a monthly basis require 30 (thirty) calendar days’ notice to be given in writing.
6. GENERAL OBLIGATIONS
6.1. You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by KaizApp or user rules posted on the Website.
6.2. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
6.3. In order to protect KaizApp’s proprietary rights to the Service, You agree that You will not attempt to copy, reproduce or otherwise create, directly or indirectly through any other person or entity, any competitive product which offers services or solutions similar to the KaizApp Service, whether such solution is for internal or external use and whether or not for sale or financial gain. The terms of this clause shall apply in all jurisdictions and shall continue indefinitely. You agree to indemnify KaizApp for all costs, claims, expenses and losses which may result from a breach by You of this clause. You agree that KaizApp shall be entitled to obtain a court order requiring You to cease any activity which may conflict with the terms of this clause and You understand that You will be liable for all costs associated with bringing such court proceedings.
7. ACCESS CONDITIONS
7.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify KaizApp of any unauthorised use of Your passwords or any other breach of security and KaizApp will reset Your password and You must take all other actions that KaizApp reasonably deems necessary to maintain or enhance the security of KaizApp’s computing systems and networks and Your access to the Services.
7.2. As a condition of these Terms, when accessing and using the Services, You must:
7.2.1. not attempt to undermine the security or integrity of KaizApp ‘s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
7.2.2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
7.2.3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
7.2.4. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
7.3 KaizApp reserves the right to remove any content which in its sole discretion contravenes 7.2.4 above or which it otherwise considers inappropriate.
7.4 Use of a third party’s account other than as the Account Holder thereto or an Invited User thereto is considered a material breach of this Agreement.
7.5 KaizApp reserves the right to terminate any user’s account in the event of a breach of these terms.
8. USAGE LIMITATIONS
Use of the Service may be subject to limitations, including but not limited to 2 GB of storage per user and 10 GB of User Data transfer per user per month. Should these limits at any time prove insufficient, they can be extended subject to an additional fee.
9. COMMUNICATION CONDITIONS
9.1. As a condition of these Terms, if You use any communication tools available through the Services (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
9.2. When You make any communication within the Services, You represent that You are permitted to make such communication. KaizApp is under no obligation to ensure that the communications within the Services are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available within the Services. However, KaizApp does reserve the right to remove any communication at any time in its sole discretion.
10.1. You accept that your decision to purchase KaizApp did not rely on publicly advertised new features.
10.2. No responsibility lies upon KaizApp to meet publicly advertised development time scales for new functionality and no compensation of any kind will be due where new functionality which has been advertised has been delivered late or not at all.
11. PRIVACY AND INTELLECTUAL PROPERTY
11.2. Intellectual Property
11.2.1. KaizApp contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics.
11.2.2. You are granted a licence to use the material contained on KaizApp subject to the restrictions described in these Terms.
11.2.3. You are not permitted to:
22.214.171.124. republish material from KaizApp (including republication on another website, except for the purpose of promoting use of KaizApp for example in social media);
126.96.36.199. sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from KaizApp and any material or any part thereof for use by any third party;
188.8.131.52. use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
11.2.4. If You breach these Terms in any way then the licence granted to You will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending Your access to KaizApp, prohibiting You from accessing KaizApp, blocking computers using Your IP address from accessing KaizApp, contacting Your internet service provider to request that they block Your access to KaizApp and/or bringing court proceedings against You.
11.3. Ownership of User Data
11.3.1 Title to, and all Intellectual Property Rights in, the User Data remain Your property as set out in these terms. However, Your access to the User Data is contingent on full payment of the KaizApp Access Fee when due. You grant KaizApp a licence to use, copy, transmit, store, and back-up Your information and User Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
11.3.2. Backup of User Data
You must maintain copies of all User Data inputted into the Service. KaizApp adheres to its best practice policies and procedures to prevent User Data loss, including a daily system User Data back-up regime, but does not make any guarantees that there will be no loss of User Data. KaizApp expressly excludes liability for any loss of User Data no matter how caused.
11.3.3. Third-party applications and your User Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that KaizApp may allow the providers of those third-party applications to access Your User Data as required for the interoperation of such third-party applications with the Services. KaizApp shall not be responsible for any disclosure, modification or deletion of Your User Data resulting from any such access by third-party application providers.
11.4. KaizApp will not view Your User Data nor Your accounts except:
11.4.1. where requested to do so by a legitimate state or regulatory authority; or
11.4.2. under an order of Court; or
11.4.3. where necessary to protect the security of Your account; or
11.4.4. where KaizApp has reason to suspect fraud, crimes, inappropriate usage and breach of these conditions; or
11.4.5. to provide support or coaching services to You or where You have invited KaizApp to join for other purposes, where KaizApp is given such access confidentiality provisions provided in 11.1 above apply.
11.5. KaizApp is permitted to gather anonymised statistics relating to use of the account and performance and use said anonymised User Data organised by industry sector if desired to report to the market in general terms as to the manner in which KaizApp is being used by its user base, largely for the purpose of promoting KaizApp usage. Statistics include KPI’s, number of users, recognition, number of problems and status. No User Data relating to user identity will be gathered under any circumstances.
11.6. You give permission for Your name, photo, email, phone number and physical location to be stored by KaizApp and the same information for all other users of the Account are to be made visible and available to all users of that Account for the purpose of swift contact and interaction for effective collaboration within KaizApp.
11.7. Where an Invited User is temporarily deactivated by the Account Holder, all of their user data will be retained in KaizApp with their contributions remaining viewable by other Invited Users. Such data will and remain accessible by the Invited User whenever the deactivated User is reactivated. Where an Invited User has been deleted from an Account all their contributions up to that date will remain in viewable by other Invited Users in an anonymised form. However, in the event that the same user becomes an Invited User of the Account again at a future date, they will not be reconnected with any of their data previous to the deletion event.
12. Warranties and Acknowledgements
21.1. Provision of information:
You warrant that all information provided by You on signup including name, location, company name and job title is true and correct. If KaizApp’s in its sole discretion finds or considers such data to be false, KaizApp retains the right to take such corrective action as it seems fit, including request supporting information from You or immediately deleting the affected Account and all associated data with no refund payable to You.
You warrant that where You have registered to use the Service on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and agree that by registering to use the Service You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
12.3.1. You are authorised to use the Services and the Website and to access the information and User Data that You input into the Services, including any information or User Data input into the Services by any person you have authorised to use the Services. You are also authorised to access the processed information and User Data that is made available to You through Your use of the Website and the Services (whether that information and User Data is Your own or that of anyone else).
12.3.2. KaizApp has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than Yourself (whether an incorporated entity or otherwise) you agree that:
184.108.40.206. You are responsible for ensuring that You have the right to do so;
220.127.116.11. You are responsible for authorising any person who is given access to information or User Data, and you agree that KaizApp has no obligation to provide any person access to such information or User Data without Your authorisation and may refer any requests for information to You to address; and
18.104.22.168. You will indemnify KaizApp against any claims or loss relating to:
22.214.171.124.1. KaizApp’s refusal to provide any person access to Your information or User Data in accordance with these Terms,
126.96.36.199.2. KaizApp’s making available information or User Data to any person with Your authorisation.
12.3.3. The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.
12.3.4. KaizApp does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. KaizApp is not in any way responsible for any such interference or prevention of Your access or use of the Services.
12.3.5. KaizApp does not act as an operational improvement consultant. Use of the Services does not constitute the receipt of advice on operational improvement. If You have any operational improvement questions, advise should be sought from appropriate professionals.
12.3.6. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
12.3.7. You remain solely responsible for complying with all applicable laws. It is Your responsibility to check that storage of and access to your User Data via the Services and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
13.1. Trial policy
Except for those users who have been granted an initial Beta Testing trial period, when You first sign up for access to the Services You can evaluate the Services under KaizApp’s trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed when You first add Your billing details into the Services, as set out in more detail in the Fee Schedule. If You choose not to continue using the Services, You may delete Your organisation in the ‘My KaizApp’ section of the Services.
13.2. Prepaid Subscriptions
KaizApp will not provide any refund for any remaining period covered under a prepaid Subscription Fee.
13.3. No-fault termination:
These Terms will continue for the period covered by the Subscription Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee in accordance with the Fee Schedule, unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing one month’s’ advance written notice, You shall be liable to pay all relevant Subscription Fees up to and including the day of termination of these Terms.
13.4. Data export on termination or change of circumstances:
13.4.1. Upon termination and upon request by the Account Holder KaizApp will provide the Account Holder with a data backup from the Account subject to the payment of a separate fee.
13.4.2. Regardless of whether or not the Account Holder has exercised the data backup option in 13.4.1 KaizApp will delete all copies of the Account Holder’s data 30 days after the date of termination.
13.4.3. If a request is made to merge or separate data, for example in the event of an acquisition, disposal merger or re-organisation of a legal entity, any such action shall be at the discretion of KaizApp and a separate charge shall be applied.
If Account Holder or Invited User provides KaizApp with any comments, bug reports, feedback, or modifications for the KaizApp Services in any written or verbal format (“Feedback”), KaizApp shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the KaizApp Services. Account Holder or Invited User (as applicable) hereby grants KaizApp a perpetual, irrevocable, nonexclusive, royalty free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.
Save where You have in writing advised us to the contrary You grant us the right to use Your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Account Holder’s standard trademark usage guidelines as provided to us from time-to-time.
16.1. If You:
16.1.1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
16.1.2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 5.3 or any payment of Subscription Fees that are not paid in full in accordance with the requirements set out in the Fee Schedule); or
16.1.3. or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
16.2. KaizApp may take any or all of the following actions, at its sole discretion:
16.2.1. Terminate this Agreement and Your use of the Services and the Website;
16.2.2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
16.2.3. Suspend or terminate access to all or any User Data.
16.2.4. Take either of the actions in sub-clauses (1), (2) and (3) of this clause 16.2 in respect of any or all other persons whom You have authorised to have access to Your information or User Data.
For the avoidance of doubt, if payment of any invoice for Subscription Fees or other amounts due to KaizApp is not made in accordance with the requirements set out in the Fee Schedule, KaizApp may: suspend or terminate Your use of the Service, the authority for all or any of Your Invited Users to use the Service, or Your rights of access to all or any User Data.
16.3. Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
16.3.1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
16.3.2. immediately cease to use the Services and the Website.
16.4. Expiry or termination:
Clauses 2, 11, 18, 19 and 20 survive the expiry or termination of these Terms.
17. HELP DESK
17.1. Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting KaizApp. If You still need technical help, please check the support provided online by KaizApp on the Website or failing that email us at firstname.lastname@example.org.
17.2. Service availability:
Whilst KaizApp intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason KaizApp has to interrupt the Services for longer periods than KaizApp would normally expect, KaizApp will use reasonable endeavours to publish in advance details of such activity on the Website.
18.1. Entire agreement
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money and where payment is in arrear You will be liable for interest on such arrears at the rate of 1% per month of the amount due.
18.4. No Assignment
You may not assign or transfer any rights to any other person without KaizApp’s prior written consent.
18.5. Governing law and jurisdiction
This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to KaizApp must be sent to email@example.com or to any other email address notified by email to You by KaizApp. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
18.8. Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
18.9. Force Majeure
Neither KaizApp nor Account Holder will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
You agree to defend, indemnify and hold harmless KaizApp and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the KaizApp Services, KaizApp Materials, representations made to KaizApp, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. KaizApp reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify KaizApp, and you agree to cooperate with such defence of these claims.
20. LIMITATION OF LIABILITY
20.1. No Liability: KaizApp shall not be liable to You or Invited User for any consequences resulting from:
20.1.1. any modifications in these Terms, calculation and rates of Fees, the KaizApp Services, or any part or element thereof (including but not limited to the Account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the KaizApp Services or KaizApp Material;
20.1.2. deletion of, corruption of, or failure to store any of Your User Data;
20.1.3. use of Your User Data by You or any of the Invited Users associated with the Account;
20.1.4. User Data breach;
20.1.5. downtime of the KaizApp Services;
20.1.6. upgrading or downgrading the current Plan;
20.1.7 any disclosure, loss or unauthorised use of the login credentials of You or any authorised Invited User due to Your failure to keep them confidential;
20.1.8. Your use of the Account or the KaizApp Services by means of browsers other than those accepted or supported by KaizApp;
20.1.9. the application of any remedies against the You or authorised Users by KaizApp, for example if the You or Invited User has committed a crime or conducted a breach of applicable law by using the KaizApp Services or any part or element thereof;
20.1.10. the differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the KaizApp Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;
20.1.11. KaizApp’s application of the remedies described in these Terms, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
20.2. In addition, KaizApp and its affiliates shall not be liable to You for any claim by any Invited User, person, Organisation or third persons against You arising out of Your failure to:
20.2.1. provide KaizApp with accurate information about You, Invited Users or Account;
20.2.2. notify KaizApp of any reasons due to which an Invited User does not have the right to use the Account on behalf of You;
20.2.3. provide any Products which You have agreed to provide to such a person or Organisation (whether such failure arises as a result of KaizApp’s negligence, breach of these Terms or otherwise);
20.2.4. ensure the lawfulness of Your User Data;
20.2.5. obtain the necessary rights to use Your User Data; or
20.2.6. abide by any of the restrictions described in these Terms.
20.3. KaizApp and its affiliates shall not be liable for any claim by any Invited User, person, organisation or third party arising out of Your or any other person’s failure to:
20.3.1. apply the proper process change control policies and procedures required by an organisation or by any Regulatory Body; or
20.3.2. exercise due care and attention to their surrounding environment when interacting with KaizApp software on a mobile screen.
20.4. Limitation of Liability.
In no event shall the aggregate liability of KaizApp and its affiliates arising out of or related to these terms exceed the total amount paid by You hereunder for the KaizApp Services giving rise to the liability in the six months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit Your payment obligations under the “payment” section above.
20.5. Exclusion of Consequential and Related Damages.
In no event will either party or its affiliates have any liability arising out of or related to these terms for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or its affiliates have been advised of the possibility of such damages or if a party’s or its affiliates’ remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.
20.6. Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
21. FURTHER USERS
21.1. The Account Holder accepts and agrees that any Invited User designated by the Account Holder as a Team Leader within the Account Holder’s account is authorised to invite any other person with email of the same domain to join under the Account Holder’s account and the Account Holder agrees to pay all Subscription Fees due for all users regardless of whether the Account Holder personally invited those users.
20.2. Users with a different domain may also be added to the Account Holder’s account provided the Account Holder specifically approves same.
22. LINKING OF SOFTWARE
Any linking of other programmes or software to the Service is strictly prohibited and invalidates this agreement save where KaizApp has in writing expressly granted permission for such linking and is the gatekeeper for integrations.
1.1 We are committed to safeguarding the privacy of our website visitors and service users. This policy is designed to ensure that we safely handle your personal data in accordance with relevant regulations and legislation such as Data Protection Act 1998 and EU General Data Protection Regulations 2018 (the “Data Protection Regulations”).
1.4 These privacy rules explain what data we may collect from you, what we will do with that data and explains how you can you limit the publication of your information and how you can choose whether or not you would like to receive direct marketing communications.
1.4 These privacy rules explain what data we may collect from you, what we will do with that data and explains how you can you limit the publication of your information and how you can choose whether or not you would like to receive direct marketing communications.
2. How we use your personal data
2.1 In this Section 2 we set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal basis of the processing in each case.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your website or service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data“). The account data may include your name, email address, contact phone number and postal address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.4 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.5 We may process personal data that is provided in the course of the use of our services (“service data“). The service data may include: business contact information, such as company name, address and your email address; your personal contact information, such as name, phone number and email address; information relating to the services provided, such as preferences; information which users may choose to give us, such as feedback or comments, or other information in response to e.g. surveys; credit card details for the purposes of payment of subscription fees. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.8 We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying goods or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.9 We may process any of your personal data identified in this policy where necessary for administrative purposes including in the exercise or defence of legal claims. The legal basis for this processing is our legitimate interests, namely for administrative record keeping, processing transactions and maintaining business records or for the protection and assertion of our legal rights.
2.10 If you supply any other person’s personal data to us, you must do so only if you have the authority of such person to do so and you must comply with any obligations imposed upon you under the Data Protection Regulations.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our holding company and its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or to exercise or defend legal claims.
3.3 We may pass your personal information to credit reference agencies or other agencies that provide services to verify your identity or for any other checks or searches required by legislation or our regulators relating to money laundering. These agencies may keep a record of any search that they do.
3.4 Financial transactions relating to our website and services are handled by our payment services providers, Stripe. We share transaction data with our payment services providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You may also wish to review our payment services providers’ privacy policies and practices at https://stripe.com/en-gb/privacy.
3.5 We may outsource or contract the provision of IT services to third parties. If we do, those third parties may hold and process your personal data. In these circumstances, we will require that the IT supplier only processes your personal data for us, as directed by us, and in accordance with the Data Protection Regulations.
3.6 If we sell all or part of our business, we may pass your personal data to the purchaser. In these circumstances, we will require the purchaser to contact you after completion of the sale to inform you of the identity of the purchaser.
3.7 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 We are not aware of any current circumstances where your personal data may be transferred to any country outside the EEA.
4.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose shall not be kept for longer than is necessary for that purpose. This means that unless there is a good reason to do so we won’t keep your personal data more than 6 years after our business relationship has ended.
5.3 It is not possible for us to specify in advance the periods for which your personal data will be retained. However, we will determine the period of retention based on your continued use of our website or services and based on our requirements for proper record keeping and accounting and legal purposes.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email or through the private messaging system on our website.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data, as described below (clause 7.13).
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may request that we provide you with any personal information we hold about you. Provision of this information will be subject to:
(a) the payment of an administration fee (to be notified on request), and;
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
8. About cookies
8.1 A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser asking permission to be placed on your computer’s hard drive. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
9.1 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our services in order to tailor them to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
9.2 Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
9.3 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our services.
10. Our details
10.1 This website is owned and operated by KaizApp AG.
10.2 We are registered in Switzerland under registration number CHE-483.840.519, and our registered office is at Rathausstr. 7, 6341 Baar, Zug, Switzerland.
10.3 Our principal place of business is at Rathausstr. 7, 6341 Baar, Zug, Switzerland
10.4 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on our website from time to time; or
(c) by email, using the email address published on our website from time to time.