CLEAR BEFORE PAYMENT
Terms of Service
Version: KCS-SUBSCRIPTION-2026-09-19-v4 · Effective: September 19, 2026
1. Agreement, provider and business purchaser
These Terms govern purchases from Kaizen Creative Studio USA LLC ("Kaizen," "we," "us"), 10228 E Northwest Hwy #1091, Dallas, Texas 75238, United States. The customer ("Client," "you") confirms that the purchase is primarily for business or commercial use, that the person accepting is at least 18 and has authority to bind Client, and that Client had an opportunity to review and retain these Terms.
Checking required boxes, typing a legal name and authorizing Stripe payment constitutes electronic acceptance. The accepted order, checkout summary, terms version, timestamp and transaction identifiers may be retained as the contract record.
2. Order, written scope and priority
The checkout summary, accepted proposal, statement of work, invoice and written change orders identify the purchased services. Kaizen provides only deliverables expressly listed there. If a signed statement of work expressly changes these Terms, that specific statement controls for the affected project.
Items labeled "from," "starting at," "custom," or "quote required" are estimates and requests only. They are not charged and do not authorize work until Client accepts a separate written scope, schedule and final price.
3. Quotes, taxes and out-of-scope work
Unless the quote says otherwise, a quote is valid for fifteen (15) calendar days. Prices are stated in U.S. dollars and exclude applicable sales, use or similar tax. Any contingency, unforeseen condition, rush request, location requirement, additional deliverable or request not listed in the written scope requires a change order and additional payment.
4. Client materials, product, access and approvals
Client timely supplies enough suitable product, lawful content, accurate information, account access, brand assets, releases, licenses and one authorized decision-maker. Client represents that it owns or has permission to use everything supplied or approved. Production dates and delivery estimates begin only after required materials, access, payment and written approvals are complete.
Client delay, missing product, unavailable locations, changed direction or late access extends deadlines and may require rescheduling or a paid change order. Kaizen supplies editable text, supers, logos, flashes, raw footage, source files or working files only when the written scope expressly includes them.
5. Project start, cancellation and earned fees
After Client gives written approval and Kaizen begins project initiation or reserves non-replaceable production capacity, fifty percent (50%) of the professional fees is earned and non-refundable, or becomes due if not yet paid. Client also pays one hundred percent (100%) of approved costs already incurred or committed and not reasonably cancellable.
If completed work and approved commitments reasonably exceed 50% of professional fees, Client pays the documented value of completed work and commitments, up to the remaining contract balance. The parties intend this provision as a reasonable estimate of startup work, scheduling loss and reserved capacity, not a penalty. If a tribunal finds the stated amount unenforceable, Kaizen may recover documented work, commitments and other lawful actual damages.
Cancellation must be submitted in writing to the designated address and identify Client, project and requested effective date. Client remains responsible for work authorized before Kaizen receives cancellation. Kaizen will stop avoidable future costs after receiving a valid notice.
6. Production, talent, locations and false calls
Client pays approved travel, permits, rentals, props, locations, shipping, talent, model, music, stock, crew and vendor costs unless the scope expressly includes them. A cancellation or reschedule after a model, talent, crew, location or vendor call is confirmed may cause a false-call or cancellation charge under that vendor's terms. Client owes the actual approved charge and any other non-cancellable commitment.
7. Monthly and annual subscriptions
The checkout identifies the billing cycle. Monthly plans and monthly recurring add-ons are charged at enrollment and renew monthly. Annual plans and annual recurring add-ons are prepaid for twelve (12) months and renew yearly. A displayed monthly equivalent for an annual plan is a comparison only, not an installment.
Client may cancel a future renewal through the secure Stripe Customer Portal at Manage Subscription or by email to info@kaizencreative.pro. A request is effective when submitted through the portal or received at that address. If received before the next renewal is processed, the future renewal will stop. Unless law requires otherwise, service may continue through the paid period and no prorated refund is due after work for that period begins. Canceling an annual plan does not convert the current prepaid year to monthly billing.
8. Audits and appointments
An audit is a diagnostic and strategy service; implementation, production, ad spend, legal advice and guaranteed results are excluded unless separately agreed. Client may request one reschedule with at least twenty-four (24) hours' notice, subject to availability. A completed session, no-show or cancellation with less than 24 hours' notice is normally non-refundable because the professional time was reserved, except where applicable law requires otherwise or Kaizen cancels without providing a reasonable substitute.
9. Business Suite digital delivery and updates
The Self-Install purchase includes the maintained modular software package and its included documentation; installation labor, hosting, third-party licenses and custom development are excluded. After Stripe confirms payment through a signed webhook, Kaizen sends a private order-linked download URL to the purchaser's email. Client may not publish, share, resell or transfer the private link or package except as expressly licensed.
Digital software access is final after protected delivery to the fullest extent permitted by law. If the delivered file is inaccessible or materially defective, Client must notify Kaizen promptly and allow a reasonable opportunity to restore access or provide a corrected copy. Current-version access continues while the product remains maintained and the entitlement remains active; it is not a promise of perpetual development or third-party compatibility.
10. Delivery, review, acceptance and backup
Kaizen may deliver files through an online link. Client must download, inspect and securely back up deliverables. Written confirmation of receipt, publication/use of a deliverable, or seven (7) calendar days without a written notice identifying a specific delivery defect constitutes administrative acceptance for the delivered milestone. This does not waive a non-waivable legal right or a timely claim for a latent defect that could not reasonably have been discovered.
After the stated availability window, Kaizen may remove working files or online copies. Long-term storage and backup are Client's responsibility unless a written hosting or archive service says otherwise.
11. Revisions, approvals and change orders
Only revision rounds expressly listed in the order are included. New concepts, changed direction, additional platforms or pages, reshoots, rush work, expanded usage, added integrations and changes after approval require a written change order. Client's written approval authorizes Kaizen to proceed to the next stage and may limit later revisions to correction of Kaizen's implementation error.
12. Payment, failed charges, refunds and disputes
Fees are due in U.S. dollars through the disclosed schedule. Stripe processes card information; Kaizen does not store complete card numbers in WordPress. Service and access may be paused for a failed payment after reasonable notice. Except for the specific remedies stated here, an uncured material breach by Kaizen, a written exception or non-waivable law, payments for commenced work, reserved capacity, digital access, the current subscription period and committed costs are final.
A payment dispute or chargeback does not by itself cancel the agreement or eliminate payment obligations. Both parties retain rights under applicable law and card-network procedures. Client should contact Kaizen promptly so the parties can review the order, acceptance record, delivery evidence and claimed problem.
13. Results and professional judgment
Kaizen does not guarantee leads, calls, appointments, sales, revenue, followers, reach, engagement, rankings, approvals, platform availability or any particular commercial result. Marketing and creative services depend on testing, market conditions, third-party systems and Client execution. Past results and forecasts are not guarantees.
14. Intellectual property and portfolio
After full payment, Client receives the usage rights expressly stated for final approved deliverables. Kaizen retains pre-existing material, unselected concepts, reusable systems, prompts, templates, code, automation architecture, methods, raw media, source/editable files and know-how unless an order expressly transfers an identified item. Third-party material remains subject to its license.
Unless Client and Kaizen sign a confidentiality restriction before work begins, Kaizen may identify Client and display final public-facing work in its portfolio, proposals, reels, awards, website and social media without disclosing confidential information.
15. Third-party platforms and Client compliance
Stripe, Meta, Google, WordPress, Elementor, email providers, hosting companies, social networks, publishers and vendors are independent third parties. Kaizen is not responsible for their outages, policy changes, restrictions, rejected ads, algorithm changes, security events or data loss beyond Kaizen's reasonable control.
Client is responsible for substantiating claims and complying with laws and professional rules applicable to its products, privacy, advertising and regulated industry. Client must obtain its own legal, medical, financial or other professional review when needed.
16. Confidentiality and data
Each party will use reasonable care to protect the other's non-public confidential information and use it only for the relationship. Client may not disclose or resell Kaizen's internal pricing, prompts, templates, strategies, systems, workflows or proprietary methods. Personal information is handled under the Privacy Policy.
17. Disclaimer and limitation of liability
To the fullest extent permitted by law, services and deliverables are provided "as is" and "as available." Kaizen disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted operation, except where an obligation cannot lawfully be disclaimed.
To the fullest extent permitted by law, Kaizen is not liable for lost profit, revenue, data, opportunity, reputation, business interruption or indirect, incidental, special, exemplary, punitive or consequential damages. Kaizen's aggregate liability for a claim will not exceed fees actually paid for the specific affected service during the three months before the event. These limits do not apply where prohibited by non-waivable law.
18. Indemnification
Client will defend, indemnify and hold harmless Kaizen and its members, contractors and vendors from third-party claims arising from Client's products, materials, claims, unlawful instructions, infringement, privacy violations or regulatory obligations, except to the extent finally caused by Kaizen's willful misconduct.
19. Suspension, termination and force majeure
Kaizen may suspend work or access for nonpayment, unlawful instruction, abuse, security risk or material breach after reasonable notice where practical. Neither party is liable for delay caused by events beyond reasonable control, including disaster, severe weather, illness, labor disruption, government action, war, utility or internet failure, platform outage or vendor failure. Payment obligations for completed work and committed costs survive.
20. Informal resolution; individual arbitration
THE PARTIES WILL FIRST ATTEMPT GOOD-FAITH WRITTEN RESOLUTION FOR THIRTY (30) DAYS. EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS, COLLECTION OF UNDISPUTED FEES OR TEMPORARY RELIEF TO PROTECT CONFIDENTIALITY OR INTELLECTUAL PROPERTY, A DISPUTE WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER APPLICABLE RULES. THE SEAT WILL BE DALLAS COUNTY, TEXAS UNLESS THE PARTIES AGREE OTHERWISE. EACH PARTY WAIVES JURY TRIAL AND PARTICIPATION IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION TO THE EXTENT LEGALLY ENFORCEABLE.
21. Governing law and mandatory rights
Texas law governs without regard to conflict-of-law principles; the Federal Arbitration Act governs arbitration where applicable. Courts in Dallas County, Texas have jurisdiction over matters permitted to proceed in court. Any consumer protection, cancellation, refund, warranty, chargeback or other right that applicable law does not allow the parties to waive remains in effect. If law requires a different notice, cancellation period, language or remedy for a particular transaction, that requirement controls.
22. Electronic records and notices
Client consents to electronic agreements, signatures, invoices, records and notices and confirms the ability to retain them. Kaizen may retain the selected order, accepted terms version, timestamp, signature, technical verification data, Stripe identifiers and signed-webhook status as evidence. Legal and cancellation notices to Kaizen must be sent to info@kaizencreative.pro and identify Client, company, service and requested action.
23. Entire agreement; severability; assignment
These Terms and incorporated order documents are the complete agreement concerning the purchase. Amendments require a writing accepted by authorized representatives. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder continues. Failure to enforce once is not a waiver. Client may not assign without written consent; Kaizen may assign in connection with reorganization, financing or sale of its business or assets.
