By accessing or using the Kizer platform, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Service.
Kizer provides a cloud-based construction operations platform that integrates financial management, supply chain, equipment tracking, subcontractor prequalification, and project management tools for general contractors, subcontractors, and related construction industry participants ("Platform"). The Platform is provided on a subscription basis.
You must create an account to access the Platform. You agree to provide accurate, current, and complete information during registration and to keep your account credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at contact@kizer.ai if you suspect unauthorized use.
Access to the Platform requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are non-refundable except as required by law or as expressly stated in a separate written agreement. Kizer reserves the right to change pricing with 30 days' written notice. Continued use after the effective date of a price change constitutes acceptance of the new pricing.
You agree not to:
Kizer and its licensors retain all right, title, and interest in and to the Service, including all software, technology, content, and trademarks. These Terms do not grant you any ownership rights in the Service. You retain ownership of any data you submit to the Platform ("Customer Data"). By submitting Customer Data, you grant Kizer a limited license to process it solely to provide and improve the Service.
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KIZER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIZER'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL KIZER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Kizer, Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
These Terms remain in effect for the duration of your subscription. Either party may terminate for cause if the other materially breaches these Terms and fails to cure the breach within 30 days of written notice. Kizer may suspend or terminate your access immediately if you violate the Acceptable Use policy. Upon termination, your right to use the Service ceases and you must delete any downloaded Platform materials.
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Cook County, Illinois. You consent to personal jurisdiction in those courts.
Kizer may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.