Kustom360 Terms of Service
As of June 2020
This Agreement applies to all Kustom360 Account Owners and Users. An Account Owner is one who subscribes to and uses the Service for and on behalf of his or her company or business and has the ability to enter and change company or business data and payment information for the purpose of subscription. A User is one who uses the Service, particularly any authorized individual of an Account Owner, with an assigned user name and password.
1. To create and activate your account and use the Service as Account Owner or User, you must:
- be authorized to sign up for Kustom360 by your company or business;
- agree to this Agreement; and
- provide your name, company or business name, valid email address, and other required information in the Kustom360 registration form.
You represent and warrant that you have the legal power and authority to enter into this Agreement. You further represent and warrant that no false identity or false information has been or will be given to Kustom360.
3. All data, information, or material provided or submitted by Account Owners and Users in the course of using the Service (“Customer Data”) will remain the sole property of such Account Owners and Users to the full extent provided by law.
Limited License to Customer Data
4. Subject to the terms and conditions of this Agreement, Account Owners and Users grant to Kustom360 a non-exclusive license to use, copy, store, transmit, and display Customer Data to the extent reasonably necessary to provide and maintain the Service.
5. Kustom360 offers a 30-day free trial for all new accounts (“Trial Period”). The free trial is limited to 10 users. A subscription plan must be purchased in order to use Kustom360 for more than 10 users. If you avail this and do not cancel at the end of the Trial Period, you will be sent a notification to subscribe to be able to continue using the Service. If you fail to subscribe to the Service after the Trial Period, your account will be automatically cancelled, but may be reactivated upon purchasing a subscription plan.
Billing and Payment
6. Kustom360 bills in advance the price of the Service depending on your chosen subscription and payment plan. All prices are exclusive of taxes, levies, or duties, which will be for your account. All bills are payable within seven (7) days from billing. You may, however, change or cancel your subscription at any time through the Billing page on the web app or upon written notice to Kustom360.
Kustom360 Subscription, Add-on and Payment Plans
Kustom360 has a Standard subscription plan, with Monthly and Annual payment options. The Monthly plan has no lock-in period.
Kustom360 also offers an optional add-on billed monthly or annually (depending on the subscription plan) on a per account basis. The add-on may be purchased at any time during the subscription term.
The Annual plan is billed annually and shall automatically renew at the end of the term unless the Account Owner cancels the subscription. If the Account Owner cancels the Annual plan before end of term, no refunds will be issued but access to the account will continue until the end of the annual term.
New users added and add-on purchased at any time during the subscription term shall be billed immediately at a pro-rated amount.
7. Unless otherwise agreed, all payments will be made online through a valid credit card. The Account Owner represents and warrants that he or she is authorized to use a valid credit card for the purpose of subscribing to Kustom360. The Account Owner authorizes his or her valid credit card to be used for all payments to Kustom360. The Account Owner is responsible for providing Personal Information, particularly complete and accurate financial information, for the purpose of payment to Kustom360. If a credit card expires, is denied or suspended, or otherwise becomes invalid, Kustom360 will notify and advise the Account Owner to update his or her valid credit card and settle any outstanding bill within seven (7) days. If the Account Owner fails to do so, Kustom360 may suspend, cancel, or deny access to the Service.
8. The Account Owner may cancel his or her subscription at any time through the Billing page on the web app or upon written notice to Kustom360. However, all payments already made are non-refundable and there will be no prorating of charges for any unused time. Within five (5) days from cancellation or termination, you may request to get your data from your account. Otherwise, Kustom360 may delete your data after thirty (30) days from cancellation or termination of your account. Kustom360 has no obligation to retain and may delete your data in your account more than thirty (30) days after cancellation or termination.
Ownership and Proprietary Rights
9. You acknowledge and agree that the Service is a proprietary service of Kustom360. Kustom360 owns all rights, titles, and interests in the Service, including all intellectual property rights therein, and retains all rights not expressly granted to you.
10. Kustom360 grants you a limited, non-exclusive, non-transferable, worldwide right to use the Service for your own non-commercial and internal company or business purposes only according to your subscription and subject to this Agreement. You will not:
- reproduce, reprint, publish, or otherwise exploit content or technology from the Service;
- modify or make derivative works based on the Service;
- alter, resell, supply, or sublicense the Service or provide it as a service bureau; and
- reverse engineer the Service to build a competitive product or service and/or copy any of the features, functions, and graphics of the Service.
11. Throughout your use of the Service, there may be instances in which you may provide feedback, including but not limited to suggestions, comments, error reports, problems, and other matters regarding the Service (“Feedback”). You agree that all rights, titles, and interests to any Feedback (and all relevant intellectual property rights to the Feedback) will become the exclusive property of Kustom360. Kustom360 may disclose or use your Feedback for any purpose without any obligation to you.
12. Upon written request, Kustom360 may customize your account by featuring your company or business logo or brand on your account. Such customization, however, does not grant you any additional rights, titles, and interests to the Service.
13. The Service may be configured to periodically check your mobile, computer, or device for, and report back to Kustom360 without additional notice to you, anonymous information relating to your use, such as the frequency of your use and/or certain features, your configuration settings, and information on mobile, computer, or device errors occurring during your use, if applicable. Such configuration may include functionality that allows for the transmission of data about your mobile, computer, or device system to Kustom360 (for instance the version of operating system you are using, or details of other programs you may be running) to enable Kustom360 to improve its Service. The Service may contain a specific identification number for the purpose of tracking the number of unique instances of the Service being used by you. This functionality may continue to function post-termination, which you consent to, but can be disabled by uninstalling the same.
14. The Service may contain an automatic update feature that may gather information from your mobile, computer, or device in connection with its updating functionality; and, if so, you consent to its use. This functionality may continue to function post-termination, which you consent to, but can be disabled by uninstalling the same.
15. You must not use your account or the Service for any illegal activity or to violate laws. You may use the Service for lawful purposes only and only in ways consistent with the law. Kustom360 may remove any content or account deemed unlawful or in violation of this Agreement. You may not use any program, spider, or bot to gather or harvest information from Kustom360.
16. You are responsible for keeping your information updated, as well as maintaining the security of your user name and password. You must immediately notify Kustom360 of any unauthorized access to your account or any suspected security breach on your account. As Account Owner, you are responsible for all content or data uploaded to your account, as well as any activity that occurs on your account by your Users. You are responsible for obtaining and maintaining any equipment required to use the Service (e.g. mobile phones, computers, devices) and ensuring that such equipment are compatible with the system requirements of the Service. You are also responsible for the security of your equipment. Kustom360 will not be liable for any damages arising from your failure to comply with these information, equipment, and security responsibilities.
17. Should you commit any of the following prohibited acts or any other act proscribed in this Agreement, Kustom360 may suspend, cancel, or deny access to the Service:
- upload, email, post any information, media, or other content that is illegal, harmful, violent, threatening, abusive, defamatory, obscene, pornographic, offensive, invasive of privacy, or promotes bigotry, racism, hatred, or harm against any individual or group;
- impersonate any person or entity, or misrepresent your company or business with any person or entity;
- phish, collect, upload, post, or email any available usernames, passwords, and other log in data for other apps, websites, software, or services, as well as credit card and other financial information;
- upload, post or email any data, media, or any other form of content that infringes another person's rights, including intellectual property rights;
- reverse engineer, decompile, or disassemble any of the codes used to build the Service;
- upload any malware or any malicious code or script that is intended to disturb or deny the service, steal data, or cause harm to the Service in any way;
- significant and suspicious increase in your bandwidth usage in relation to your normal average or that of other users;
- use the Service for unauthorized or illegal purposes; and
- commit any act similar or analogous to the foregoing.
18. The failure of Kustom360 to exercise or enforce any of its rights in this Agreement will not constitute a waiver of such rights.
19. You agree to defend, indemnify, and hold harmless Kustom360 from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Service.
Disclaimer of Warranties
20. The Service is provided on an "as is" and "as available" basis. Your use of the Service is at your own risk and discretion. Kustom360 makes no express warranties or guarantees about the Service. To the extent permitted by law, Kustom360 disclaims implied warranties, including any warranty that the Service is and will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. Kustom360 does not guarantee that the Service will meet your requirements, is error-free, reliable, or will operate without interruption.
Limitation of Liability
21. The total liability to you of Kustom360 under this Agreement, if any, is limited to an amount equivalent to not more than the price of six (6) months subscription actually paid by you to Kustom360 and received by Kustom360 from the event or circumstance giving rise to the alleged claim. Kustom360 will not be liable for any damages arising from the Service, inability to use the Service, including any interruption, suspension, or termination of the Service, or any content or data generated from the Service. Kustom360 will not be liable for any indirect, special, incidental, consequential, or exemplary damages, even if Kustom360 knew or should have known of the possibility of such damages. This includes delay or failure of performance resulting directly or indirectly from acts of nature, force majeure, causes beyond its control, including but not limited to connectivity issues, mobile, computer, device, telecommunication, and other equipment failures, electrical power failures, strikes, labor disputes, civil disturbances, war, governmental actions, court orders, non-performance of third parties, and other similar or analogous events.
Third Party Vendors and Services
22. Kustom360 uses third party vendors and services to provide the Service or any part thereof. The Service may include gateways, links, or other functionality that allows you to access third party vendors and services. Kustom360 makes no warranty with regard to third party vendors and services.
Changes to Service and Pricing
23. Kustom360 reserves the right at any time and periodically to change, update, revise, or discontinue, temporarily or permanently, the functions or features of the Service or any part thereof with or without notice. Kustom360 may change the pricing schedule of its subscription plans upon prior written notice of at least thirty (30) days. Kustom360 will not be liable for any changes to service and pricing.
24. This Agreement does not create an employment, partnership, or agency relationship between the parties.
25. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, including earlier versions of this Agreement.
Changes to the Terms of Service
26. Kustom360 may change this Agreement at any time. You can review the most current version of this Agreement by clicking on the “Terms of Service” link in the Website. If you continue to use the Service after Kustom360 makes changes to this Agreement, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
27. You may not assign or transfer this Agreement. Kustom360 may, however, have the right to assign this Agreement to a third party at anytime with or without notice to you.
28. You agree that Kustom360 may provide to you notices and other information concerning the Service and this Agreement electronically, including notice to any email address that you may provide. Questions or comments to Kustom360 about the Service or this Agreement may be addressed to support@Kustom360.com.
29. If any provision of this Agreement is declared illegal or unenforceable, its invalidity will not affect the other provisions of this Agreement that can be given effect without the invalid provision. If any provision of this Agreement does not comply with any law, ordinance, rule or regulation, such provision to the extent possible will be interpreted in such a manner to comply with such law, ordinance, rule or regulation, or if such interpretation is not possible, it will be deemed to satisfy the minimum requirements thereof.
Governing Law and Dispute Resolution
30. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof must be filed within one (1) year. Otherwise, any such dispute will be permanently barred. Any such dispute will first be referred to senior management for resolution. If senior management is unable to resolve any such dispute, it will then be referred to proceedings under the International Chamber of Commerce (“ICC”) Mediation Rules. If mediation fails, then any such dispute will be finally settled by arbitration in Hong Kong under the Rules of Arbitration of the ICC. To the extent permissible, any dispute resolution in this Agreement may be conducted in person, through the submission of documents, by phone, or online.