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Terms of Service

KUSTOM360 TERMS OF SERVICE

As of June 2020

Introduction

Welcome to Kustom360. Kustom360 consists of the Kustom360 mobile application ("Mobile App"), Kustom360 web application ("Web App"), and Kustom360 website (“Website”) (collectively referred to as “Service”). By using the Service or any part thereof, you agree to be bound by these Terms of Service and the Kustom360 Privacy Policy insofar as applicable (“Agreement”). If you do not agree, please do not use the Service or any part thereof. 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.

Registration

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 in to this Agreement. You further represent and warrant that no false identity or false information has been or will be given to Kustom360.

Privacy Policy

2. During registration, you will be required to provide certain personally identifiable information   (“Personal Information”).   The   retention   and   use   of   all   Personal Information   will   be   subject  to  the  Kustom360  Privacy  Policy,  which  is attached hereto and made an integral part hereof as Annex A. The Kustom360 Privacy Policy is also available on the Website, as that policy may be updated by Kustom360 from time to time.

Customer Data

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.

Free Trial

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 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 anytime 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.

Credit Card

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.

Cancellation

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.

License

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.

Feedback

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.

Customization

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.

Automated Reporting

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.

Updating

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.

Proper Use

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.

Responsibilities

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.

Prohibited Acts

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 anyway;
- 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.

No Waiver

18. The   failure   of   Kustom360   to   exercise   or   enforce   any   of   its   rights   in   this Agreement will not constitute a waiver of such rights.                                                                                                                                                    

Indemnification

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.

Relationship

24. This Agreement does not create an employment, partnership, or agency relationship between the parties.                                                                                                                                                                                             

Entire Agreement

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.

Assignment

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.                                           

Notices

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.

Separability

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.