Terms of Service
As of August 2023
This Agreement applies to all Kustom360 Cloud 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.
To create and activate your account and use the Service as Account Owner or User, you must:
- be authorized to sign up for Kustom360 Cloud 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 Cloud 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 Cloud.
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
Subject to the terms and conditions of this Agreement, Account Owners and Users grant to Kustom360 Cloud a non-exclusive license to use, copy, store, transmit, and display Customer Data to the extent reasonably necessary to provide and maintain the Service.
Kustom360 Cloud 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 Cloud 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
Kustom360 Cloud 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 Cloud.
Kustom360 Cloud Subscription and Payment Plans
Kustom360 Cloud has a subscription plan with Monthly and Annual payment options. The Monthly plan has no lock-in period.
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.
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 Cloud. The Account Owner authorizes his or her valid credit card to be used for all payments to Kustom360 Cloud. The Account Owner is responsible for providing Personal Information, particularly complete and accurate financial information, for the purpose of payment to Kustom360 Cloud. If a credit card expires, is denied or suspended, or otherwise becomes invalid, Kustom360 Cloud 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 Cloud may suspend, cancel, or deny access to the Service.
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 Cloud. 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 Cloud may delete your data after thirty (30) days from cancellation or termination of your account. Kustom360 Cloud 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
You acknowledge and agree that the Service is a proprietary service of Kustom360 Cloud. Kustom360 Cloud owns all rights, titles, and interests in the Service, including all intellectual property rights therein, and retains all rights not expressly granted to you.
Kustom360 Cloud 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.
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 Cloud. Kustom360 Cloud may disclose or use your Feedback for any purpose without any obligation to you.
The Service may be configured to periodically check your mobile, computer, or device for, and report back to Kustom360 Cloud 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 Cloud (for instance the version of operating system you are using, or details of other programs you may be running) to enable Kustom360 Cloud 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.
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.
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 Cloud 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 Cloud.
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 Cloud 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 Cloud will not be liable for any damages arising from your failure to comply with these information, equipment, and security responsibilities.
Should you commit any of the following prohibited acts or any other act proscribed in this Agreement, Kustom360 Cloud 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.
The failure of Kustom360 Cloud to exercise or enforce any of its rights in this Agreement will not constitute a waiver of such rights.
You agree to defend, indemnify, and hold harmless Kustom360 Cloud from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Service.
Disclaimer of Warranties
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 Cloud makes no express warranties or guarantees about the Service. To the extent permitted by law, Kustom360 Cloud 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 Cloud does not guarantee that the Service will meet your requirements, is error-free, reliable, or will operate without interruption.
Limitation of Liability
The total liability to you of Kustom360 Cloud 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 Cloud and received by Kustom360 Cloud from the event or circumstance giving rise to the alleged claim. Kustom360 Cloud 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 Cloud will not be liable for any indirect, special, incidental, consequential, or exemplary damages, even if Kustom360 Cloud 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
Kustom360 Cloud 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 Cloud makes no warranty with regard to third party vendors and services.
Changes to Service and Pricing
Kustom360 Cloud 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 Cloud may change the pricing schedule of its subscription plans upon prior written notice of at least thirty (30) days. Kustom360 Cloud will not be liable for any changes to service and pricing.
This Agreement does not create an employment, partnership, or agency relationship between the parties.
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
Kustom360 Cloud 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 Cloud 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.
You may not assign or transfer this Agreement. Kustom360 Cloud may, however, have the right to assign this Agreement to a third party at anytime with or without notice to you.
You agree that Kustom360 Cloud 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 Cloud about the Service or this Agreement may be addressed to firstname.lastname@example.org.
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
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.
as of August 2023
Kustom360 Cloud ("we," "us," or "our") is committed to respecting the privacy and confidentiality of the personal information you share with us and store on your behalf. Please read the following information carefully before using our Service.
Information we collect or receive
Account Information - When you register for an account, we collect your name, email address, password, company and other information necessary to set up your account.
User Information – In order to access and use our Services, customer is required to provide the following information of their users: first name, last name, email address, and mobile Number. Customer may also opt to add additional personal or non-personal information other than the ones mentioned above based on their discretion and internal purposes.
Usage Data - For analytics purposes, we may also collect additional information on how the Service is accessed and used (“Usage Data”) using third-party services. Data generated by such services may include the following: app usage statistics, IP addresses, ISPs, device hardware information, operating system and browser information, general location information (city and country), and unique device identifiers, and other diagnostic data.
Location and Device Data - Kustom360 Cloud mobile and web app collects and generates the following information
- Location – A user’s location is recorded at each check in and check out. Location is determined by the mobile device’s GPS and cellular and/or wifi network.
- Route – We also receive a user’s route for as long as the mobile app is open, even in the background. To map a route, we receive a user’s location every 10 meters and/or 1 minute.
- Device Information – Kustom360 Cloud collects information about the device manufacturer and model, operating system, device settings, and crash data.
Non-Personal information - We may also collect any information that does not specifically identify you as an individual. This may include anonymous reports, aggregated reports, statistical data, analytical reports, analytical data, anonymized usage statistics and data; and other forms of anonymized data that we may get from your use of our services or accessing our website, mobile application, and web application.
How We Use Your Personal Information
We use your personal data for the following purposes:
- To establish, process, and manage your Kustom360 Cloud account
- To provide you with your subscribed Service
- To bill and process payment for your subscription
- To communicate with you to provide you with relevant information on the Service, and respond to your support requests, comments and questions. We may send you mandatory emails and other types of communication related to administrative, service, and technical concerns such as updates or changes to our Service and critical Service notices such as security notices and incident reports.
- To monitor and analyze usage and trends to improve our Service.
- To comply with legal and regulatory requirements
- To request for your participation in surveys and questionnaires to further improve and develop our Service
Legal Basis for Processing Personal Information
We process your personal data based on one or more of the following legal bases:
- Your consent, which you may withdraw at any time.
- Performance of a contract with you, or in order to take steps at your request prior to entering into a contract.
- Compliance with a legal obligation to which we are subject.
- Our legitimate interests, provided that your interests or fundamental rights and freedoms do not override those interests.
Data Sharing and Transfers
We may disclose your personal data to third-party recipients only for the purposes outlined in this Policy and in compliance with data protection laws. These third-party recipients may include:
- Service providers: We may share your personal data with trusted service providers who provide services on our behalf, such as hosting, analytics, and customer support. We ensure that these service providers maintain appropriate safeguards to protect your personal data and process it only in accordance with our instructions.
- Legal and regulatory authorities: We may disclose your personal data if required by law or in response to legal requests, such as a court order, subpoena, or government investigation.
- Business transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, we may transfer your personal data to the new owner as part of the transaction.
We retain your personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Your Data Privacy Rights
As data subjects, we’ve listed your data privacy rights below:
- The right to be informed.
- The right to access, correct, or delete your personal data.
- The right to restrict or object to our processing of your personal data.
- The right to data portability
- The right to withdraw your consent to our processing of your personal data
- The right to lodge a complaint with a supervisory authority, if you believe that our processing of your personal data violates your data privacy rights.
To exercise any of these rights, you may send an email using the contact information stated under Contact Us.
How we Protect your Personal Information
We respect your privacy. We hold any information we collect with utmost care and confidence, and strive to process your information accurately and confidentially. We particularly endeavor to secure and protect your personal information with proper safeguards to ensure the confidentiality of your personal information, prevent its use for unauthorized purposes, and comply with the requirements of the law for the processing of personal information. In addition, as part of our company’s security measures, all our employees signed an Information Security Policy (similar to Non-Disclosure Agreement) stating that they are to keep confidential during their term of employment and forever thereafter, all information relating to Kustom360 Cloud clients.
We restrict access to personal and usage information to Kustom360 Cloud employees and third-party services who need to know that information to process it for us, and who are subject to strict contractual and technical safeguards and who may be disciplined or terminated if they fail to meet these obligations.
We only give you or your authorized representative access to your account. We protect you from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. We regularly review our information collection, storage, and processing practices to guard against unauthorized access to our system.
We do not access any of your data in the Kustom360 Cloud app. For support purposes, we may access your data only when necessary, with your explicit permission, and only for the duration of the support process. You have complete control of your data and only users under your account can access and make changes to your data. An audit trail within the app provides you the information on all activities in your account including data access.
We keep our records as accurate as possible. Once you have registered an account, you may access your account details, correct your personal information, and request to download or delete your personal information by contacting us through email@example.com.
We keep your personal information in our business records while you are an Account Owner or User, or until it is no longer needed for business, tax, or legal purposes. When disposing your personal information, we take reasonable measures to ensure that it is done properly and is not accessible to the public.
Data Breach Notification
In the event of a personal data breach that is likely to result in a high risk to the rights and freedoms of individuals, we will notify the affected users and the relevant supervisory authority within 72 hours of becoming aware of the breach, as required by GDPR. We will take all necessary steps to mitigate the risks and minimize any potential damage caused by the breach.
We may update this Policy from time to time to reflect changes in our practices or applicable laws. We will notify you of any material changes by posting the updated Policy on our website or by other appropriate means. Your continued use of our Product after the effective date of any changes constitutes your acceptance of the revised Policy.
Data Privacy Officer and Contact Information