Legal
Terms of Use
These Terms of Use (the "Terms") govern your access to and use of the website located at https://kaizenilabs.com, including all of its pages and content (collectively, the "Site"). The Site is owned and operated by Kaizen Intelligence Labs LLC, a California limited liability company with its principal office at 103 Caspian Way, Gilroy, California 95020 ("Kaizen Intelligence Labs," "we," "us," or "our"). "You" and "your" refer to any person who accesses or uses the Site, and, if that person acts on behalf of a company or other organization, to that organization as well.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY NOTICE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SITE.
1. Acceptance of these Terms
1.1 These Terms form a binding agreement between you and Kaizen Intelligence Labs concerning your use of the Site. Our Privacy Notice is incorporated into these Terms by reference.
1.2 You represent that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and that you have the legal capacity to enter into these Terms. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
1.3 The Site is not directed to children, and you may not use the Site if you are under the age stated in Section 1.2.
2. Informational purpose of the Site
2.1 The Site is provided for general informational purposes only. It describes our company, the application design, development, deployment, and maintenance services we offer, and products we are developing.
2.2 Nothing on the Site constitutes an offer to sell, a solicitation of an offer to buy, a quotation, or a binding commitment to provide any product or service. No product is available for purchase through the Site, and the Site does not process payments.
2.3 Nothing on the Site constitutes legal, financial, medical, or other professional advice, and you should not rely on the Site as a substitute for such advice.
3. Services and separate agreements
3.1 Any services we provide to you will be provided only under a separate written agreement signed by you and by an authorized representative of Kaizen Intelligence Labs (a "Services Agreement"). A Services Agreement will govern, among other things, the scope of work, deliverables, fees, schedule, ownership of work product, confidentiality, and any ongoing support or maintenance.
3.2 Descriptions of our services on the Site, including statements about ownership of code or the availability of support, are general summaries. They do not create any obligation on our part and do not form part of any Services Agreement unless the Services Agreement expressly says so.
3.3 If there is any conflict between these Terms and a Services Agreement, the Services Agreement controls with respect to the services it covers.
4. Products in development
4.1 The Site describes products that are in development. Descriptions of those products reflect our current plans, are subject to change without notice, and are not a representation or warranty that any product will be released, will be released on any particular date, or will have any particular feature.
4.2 Our health wearable is in development and is not a medical device. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. Nothing on the Site is medical advice. Consult a qualified health professional about any health question.
4.3 Each product, when made available, will be offered under its own terms and privacy policy, which will govern your use of that product.
5. Communications and inquiries
5.1 The project inquiry form on the Site does not transmit information to our servers. When you select "Send," the Site asks your device to open your own email application with a pre-addressed message to inquiry@kaizenilabs.com. The message is sent only if you choose to send it from your email application.
5.2 Submitting an inquiry, sending us an email, or calling us does not create a client relationship, a contract, or any obligation on either party to proceed. We may decline any inquiry for any reason.
5.3 You agree that we may contact you using the information you provide in order to respond to your inquiry.
6. Submissions and confidentiality
6.1 Information, ideas, materials, or other content you send to us before a written confidentiality agreement or Services Agreement is in place (a "Submission") is not received in confidence, and we do not assume any obligation of confidentiality with respect to a Submission except as required by applicable law.
6.2 If you wish to share confidential or proprietary information, you may ask us to enter into a nondisclosure agreement before you share it. Unless and until such an agreement is signed, please limit your Submission to information you are prepared to disclose without restriction.
6.3 You must not include in any Submission passwords, private keys, payment card data, government identification numbers, medical records, personal information about a child, or the confidential information of any third party.
6.4 Our receipt of a Submission does not limit our right to develop, acquire, or market products or services that may be similar to the subject of a Submission, provided that we do so without use of any confidential information protected by a written agreement or by law.
7. Intellectual property
7.1 The Site and all of its content, including text, graphics, icons, illustrations, page layouts, and software, are owned by or licensed to Kaizen Intelligence Labs and are protected by United States and international copyright, trademark, and other intellectual property laws.
7.2 "Kaizen Intelligence Labs," the Kaizen Intelligence Labs logo, and related names, logos, and designs are trademarks of Kaizen Intelligence Labs LLC. You may not use them without our prior written permission, except to identify us accurately.
7.3 Except for the limited license in Section 8, no right, title, or interest in the Site or its content is granted to you, and all rights not expressly granted are reserved.
8. Limited license to use the Site
8.1 Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal or internal business purposes, including evaluating whether to engage our services.
8.2 You may share links to pages of the Site. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content of the Site without our prior written permission.
9. Prohibited conduct
You agree not to, and not to attempt to:
- use the Site in violation of any applicable law or regulation;
- gain unauthorized access to the Site, the servers on which it is hosted, or any system or network connected to it;
- probe, scan, or test the vulnerability of the Site or breach any security or authentication measure, except as expressly authorized by us in writing;
- interfere with or disrupt the operation of the Site, including by transmitting excessive requests, malware, or other harmful code;
- use any robot, scraper, or other automated means to access the Site for any purpose other than ordinary search engine indexing that respects our robots.txt file;
- impersonate any person or organization, or misrepresent your affiliation with any person or organization; or
- send us content that is unlawful, defamatory, infringing, or that you do not have the right to share.
10. Third-party services and links
10.1 Using the inquiry form, an email link, or a telephone link on the Site causes your device to open a third-party application, such as your email or telephone application. Your use of that application is governed by its own terms and privacy practices, for which we are not responsible.
10.2 If the Site contains links to third-party websites, those links are provided for convenience only. We do not control and are not responsible for the content, policies, or practices of any third-party website.
11. Disclaimer of warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAIZEN INTELLIGENCE LABS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that any content is complete or current, or that the Site is free of viruses or other harmful components.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KAIZEN INTELLIGENCE LABS OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for gross negligence or willful misconduct where such limitation is prohibited. This Section 12 does not apply to services provided under a Services Agreement, which will contain its own allocation of liability.
13. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kaizen Intelligence Labs and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms, your violation of any law or the rights of any third party, or any Submission you provide.
14. Governing law and venue
14.1 These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
14.2 Any action arising out of or relating to these Terms or the Site must be brought exclusively in the state courts located in Santa Clara County, California, or the United States District Court for the Northern District of California, and you and we each consent to the personal jurisdiction of those courts.
15. Changes to the Site and these Terms
15.1 We may modify, suspend, or discontinue any part of the Site at any time without notice or liability.
15.2 We may revise these Terms from time to time. When we do, we will post the revised Terms on this page and update the "Last updated" date above. Revised Terms take effect when posted. Your continued use of the Site after revised Terms are posted constitutes your acceptance of them.
16. General provisions
16.1 Entire agreement. These Terms, together with the Privacy Notice, constitute the entire agreement between you and us concerning the Site and supersede any prior understandings concerning the Site. They do not supersede any Services Agreement.
16.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
16.3 No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
16.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
16.5 No third-party beneficiaries. These Terms do not confer any rights on any person other than you and us.
16.6 Headings. Section headings are for convenience only and do not affect interpretation. The word "including" means "including without limitation."
16.7 Survival. Sections 6, 7, and 11 through 16 survive any termination of your right to use the Site.
17. Notice to California users
Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Site is provided by Kaizen Intelligence Labs LLC, 103 Caspian Way, Gilroy, California 95020, telephone (408) 478-2138. No charge is made for use of the Site. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
18. Contact and notices
Legal notices to us must be sent in writing by email to legal@kaizenilabs.com or by mail to the address below. Notices are effective when received. We may provide notices to you by email to the address you have given us or by posting them on the Site.
Kaizen Intelligence Labs LLCAttn: Legal
103 Caspian Way
Gilroy, California 95020
United States
General business inquiries: inquiry@kaizenilabs.com · (408) 478-2138