Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Seismic Pixels, LLC ("Company," "we," "us," or "our") governing your access to and use of the Kizani project management and business operations platform (the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

2. Description of Service

Kizani is a cloud-based project management and business operations platform that provides tools for time tracking, invoicing, project management, client management, financial reporting, and related business functions. The Service is provided "as is" and "as available" for your use, without warranties of any kind, either express or implied.

Important: The Kizani Service is a tool designed to assist you in managing your business operations. While we strive to provide reliable and accurate services, you acknowledge and agree that you are ultimately responsible for your business decisions, data management, and compliance with applicable laws and regulations.

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or use of your account
• Use strong passwords and enable two-factor authentication when available
• Not share your account credentials with third parties

3.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether authorized by you or not. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Data Responsibility and Backup

You acknowledge and agree that:

• You are solely responsible for backing up your data. While we implement reasonable data protection measures, you must maintain your own independent backups of all data, information, and content you upload or create using the Service.
• The Service is a tool, not a data storage guarantee. Kizani provides a platform for managing your business operations, but the responsibility for data preservation, backup, and recovery remains entirely with you.
• We are not responsible for data loss. We shall not be liable for any loss, corruption, or deletion of your data, whether caused by system failures, human error, security breaches, or any other reason.
• Regular backups are your obligation. You should regularly export and backup your data using the export features available in the Service or through other means.

5. Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service

6. Subscription and Payment Terms

6.1 Subscription Plans

The Service is offered on a subscription basis with different plans available. Current pricing and plan features are available on our pricing page. We reserve the right to modify our pricing and plans at any time, with notice to existing subscribers.

6.2 Payment Terms

By subscribing to a paid plan, you agree to pay all fees associated with your subscription. Fees are billed in advance on a monthly or annual basis, as selected. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

6.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You may cancel your subscription at any time through your account settings.

6.4 Price Changes

We reserve the right to change our pricing at any time. For existing subscribers, we will provide at least 30 days' notice of any price increases. Continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing.

7. Intellectual Property Rights

7.1 Service Ownership

The Service and its original content, features, and functionality are owned by Seismic Pixels, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain all ownership rights to the content, data, and information you upload or create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process Your Content solely for the purpose of providing and improving the Service.

8. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEISMIC PIXELS, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

CAP ON LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

This limitation of liability applies regardless of the legal theory on which the claim is based, including but not limited to contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained by you through the Service will meet your expectations
• Any errors in the Service will be corrected

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

10. Indemnification

You agree to defend, indemnify, and hold harmless Seismic Pixels, LLC and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from:

• Your breach of these Terms
• Your use or misuse of the Service
• Your violation of any law or the rights of a third party
• Any content you submit, post, transmit, or make available through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Upon termination, your right to use the Service will immediately cease.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

11.3 Effect of Termination

Upon termination of your account, your right to use the Service will immediately cease. We may delete your account and data after a reasonable period, subject to our data retention policies. You are responsible for exporting your data before termination.

12. Third-Party Services and Integrations

The Service may integrate with or provide links to third-party services, websites, or applications. We do not endorse or assume any responsibility for any such third-party services. Your use of third-party services is subject to the terms and conditions of those services.

13. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law. You waive any right to a jury trial or to participate in a class action lawsuit.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Seismic Pixels, LLC regarding the use of the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.

17. Contact Information

If you have any questions about these Terms, please contact us at: