Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your access to and use of the websites, platforms, and services operated by We Are Kaizen LLC ("We Are Kaizen," "we," "us," or "our"), including kaizencrm.biz, kaizencx.biz, and all other We Are Kaizen LLC digital properties, the KaizenCRM platform, and all related services (collectively, the "Services").

By accessing our Sites, submitting a form, downloading content, or purchasing our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services. These Terms constitute a legally binding agreement between you and We Are Kaizen LLC.

2. DESCRIPTION OF SERVICES

2.1 KaizenCRM

KaizenCRM is a white-label CRM platform built on GoHighLevel/HighLevel ("HighLevel"). When you purchase KaizenCRM, you are purchasing:

• Access to the KaizenCRM platform (powered by HighLevel technology)

• A 90-day implementation engagement including CRM setup, automation builds, and configuration

• IT support as described in your service agreement

• Business coaching and strategy guidance as described in your service agreement

2.2 Third-Party Platform Dependency

KaizenCRM is built on and dependent upon the HighLevel platform. We Are Kaizen LLC is not responsible for any interruptions, changes, or discontinuation of services caused by HighLevel or any other third-party provider. We will make reasonable efforts to notify you of any material changes to the underlying platform.

In the event HighLevel discontinues the platform or makes material changes that prevent We Are Kaizen LLC from delivering the Services, we will provide clients with reasonable notice and work in good faith to transition to an alternative solution. Client fees already paid are non-refundable under these circumstances except at our sole discretion.

2.3 KaizenCX

KaizenCX is a technology consulting service also operated by We Are Kaizen LLC. Services under KaizenCX are governed by separate service agreements entered into at the time of engagement.

3. ACCOUNTS AND ELIGIBILITY

To use our Services, you must:

• Be at least 18 years of age

• Be a legal resident or entity authorized to conduct business in the United States

• Provide accurate, current, and complete information during registration or onboarding

• Maintain the security of your account credentials

You are responsible for all activity that occurs under your account. If you believe your account has been compromised, notify us immediately at [email protected].

4. FEES, PAYMENT, AND NO-REFUND POLICY

4.1 Implementation Fee

The KaizenCRM 90-day implementation is priced at $4,500 total, billed in three monthly installments of $1,500 each during the implementation period. The first payment is due upon commencement of services.

4.2 Ongoing Platform Access

Following the completion of the 90-day implementation, ongoing platform access is billed at $97 per month. Billing occurs on a monthly basis beginning on the first day after the implementation period ends.

4.3 Usage-Based Fees

AI, SMS, email, and other usage-based features within the KaizenCRM platform are billed separately based on actual usage. Usage fees are processed through the HighLevel platform and subject to HighLevel's current rate schedule.

4.4 No-Refund Policy

ALL FEES PAID TO WE ARE KAIZEN LLC ARE NON-REFUNDABLE. This includes but is not limited to:

• Implementation fees (all installments)

• Monthly platform access fees

• Any fees paid for additional services or consulting

By purchasing our Services, you acknowledge and agree to this no-refund policy. We encourage you to review all available information about our Services, including the overview video at kaizencrm.biz/intro-video, before making a purchase decision.

Notwithstanding the foregoing, we reserve the right to issue a refund or credit at our sole discretion in exceptional circumstances.

4.5 Cancellation

You may cancel your ongoing monthly platform access at any time by providing written notice to [email protected]. Cancellation takes effect at the end of the current billing period. No partial-month refunds are issued. Cancellation of ongoing access does not entitle you to a refund of any previously paid implementation fees.

4.6 Failed Payments

If a payment fails, we will attempt to notify you via the email address on file. We reserve the right to suspend access to the Services if payment is not received within 7 days of the due date.

5. INTELLECTUAL PROPERTY

5.1 Our Content

All content on our Sites — including text, graphics, logos, images, and software — is the property of We Are Kaizen LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.

5.2 Your Content

You retain ownership of all content, data, and materials you upload or provide to us in connection with your use of our Services ("Your Content"). By providing Your Content, you grant We Are Kaizen LLC a limited, non-exclusive license to use, store, and process Your Content solely to provide the Services to you.

5.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation to you.

6. ACCEPTABLE USE

You agree not to use our Services to:

• Violate any applicable law or regulation

• Transmit spam, unsolicited messages, or harmful code

• Infringe the intellectual property rights of others

• Collect or harvest personal information without authorization

• Interfere with or disrupt the integrity or performance of our Services

• Engage in any fraudulent, deceptive, or misleading practices

• Use our Services to compete with We Are Kaizen LLC or to build a competing product

We reserve the right to terminate your access to our Services for violation of these acceptable use provisions without refund.

7. DISCLAIMERS

7.1 No Guarantee of Results

We Are Kaizen LLC provides CRM implementation, technology support, and business coaching services. We do not guarantee any specific business outcomes, revenue increases, or operational improvements as a result of using our Services. Results depend on many factors outside our control, including your business model, market conditions, and your own efforts.

7.2 Services Provided "As Is"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

7.3 Third-Party Services

Our Services integrate with and depend upon third-party platforms including HighLevel, Google, Meta, and Stripe. We are not responsible for the availability, performance, or practices of these third-party services.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE KAIZEN LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO WE ARE KAIZEN LLC IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless We Are Kaizen LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Your Content.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Washington State under the rules of the American Arbitration Association. The arbitration shall be conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

You agree to resolve any disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

11. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Sites with a new effective date and, where required, by sending email notification to known clients. Your continued use of our Services after the effective date of any modification constitutes your acceptance of the updated Terms.

12. TERMINATION

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice. Upon termination: (a) your license to use the Services ends immediately; (b) you remain liable for all fees incurred prior to termination; and (c) sections of these Terms that by their nature should survive termination will survive.

You may terminate your use of our Services at any time subject to the cancellation provisions in Section 4.5.

13. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any separate service agreement entered into between you and We Are Kaizen LLC, constitute the entire agreement between you and We Are Kaizen LLC regarding our Services and supersede all prior agreements and understandings.

14. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. CONTACT

For questions about these Terms, please contact:

We Are Kaizen LLC

Email: [email protected]

Website: kaizencrm.biz