Terms of Use

Data and API License Terms of Use · Last updated: December 1, 2020

Introduction

These terms govern the relationship between Kaizen Global LLC and users accessing its API, Documentation, and Data services, and become binding when you click “I Accept” to create an Account. Please note that these terms include important terms regarding your rights to a jury trial.

Rights to Services

Kaizen grants a limited, non-exclusive, non-transferable, revocable license for internal business operations only. After account creation and payment, users receive API access and private keys to pull Data in JSON or other specified formats. Restrictions include no reverse engineering, sublicensing, reselling, derivative works, unlawful use, or building competing products.

Payment

Fees are set per the information provided and may change over time. Fees are non-cancelable, nonrefundable, and exclusive of taxes; due within 30 days of invoice. Unpaid fees accrue 1.5% monthly interest (or the maximum permitted by law).

Confidentiality and Security

Confidential Information is disclosed solely for agreed purposes and held with at least reasonable care. Users must maintain industry-standard safeguards and notify Kaizen of security breaches within 48 hours. Reports and output may not be disseminated externally without express written consent.

Term & Termination

The term begins on the Effective Date and continues for the purchased subscription period, auto-renewing unless 30 days’ notice is given. Either party may terminate for cause on 30 days’ written notice for uncured breaches. On termination, users must pay all fees through the effective date, cease all use, and permanently delete all Data, Software, and Private Keys.

Ownership

All services, data, software, and APIs are Kaizen’s Confidential Information and property, licensed and not sold. Kaizen may use anonymized, aggregated data for business purposes. Kaizen may identify users as customers on its websites, which users may revoke with written notice.

Disclaimers & Limitations

Both parties acknowledge that you, not Kaizen, are responsible for all decisions in connection with your use of the Data. Services are provided “as-is” and “as available” with all faults. Kaizen’s total liability is limited to fees paid in the three months preceding the events giving rise to liability, and claims must be brought within one year of discovery.

General Terms

These terms are governed by Georgia law, with claims submitted to Fulton County courts. Each party irrevocably waives any right to a trial by jury to the fullest extent permitted by applicable law. The terms constitute the entire agreement, superseding prior understandings.