Build your marketing
support.

1. Parties and business purpose

These Checkout Service Terms (the “Agreement”) are between Kaizen Creative Studio USA LLC, a Texas limited liability company (“Kaizen”), and the business identified by the purchaser (“Client”). Client represents that the purchase is primarily for business or commercial purposes and that the person accepting has authority to bind Client.

2. Order, scope, and priority

The selected plan, add-ons, checkout summary, applicable proposal or statement of work, and these terms form the parties' agreement. A custom proposal or signed statement of work controls over these checkout terms only where it expressly identifies the provision being changed. “From” prices are estimates only and do not authorize work or payment until a written scope and final price are accepted.

3. Monthly and annual plans

Kaizen will provide only the deliverables expressly listed for the selected plan. Monthly billing renews each month. Annual billing is prepaid for 12 months at the disclosed annual price and renews yearly. Paid media, ad spend, filming, photography, landing pages, CRM, automation and other work are excluded unless selected or accepted in writing.

4. Automatic renewal and authorization to charge

The checkout identifies the selected billing cycle. Monthly subscriptions renew monthly. Annual subscriptions and annual recurring add-ons are charged for 12 months in advance and renew yearly. Client authorizes Kaizen and Stripe to charge the disclosed recurring amount, applicable taxes and separately approved changes until cancellation becomes effective.

5. Cancellation

Client may cancel at any time through Kaizen's Stripe Customer Portal or by written notice to info@kaizencreative.pro. A request is effective when submitted through the portal or received at that address. If submitted before the next renewal is processed, no additional recurring charge will be made. Unless applicable law requires otherwise, cancellation takes effect at the end of the current paid billing period, services may continue through that date, and no prorated refund is owed. Kaizen will send or make available electronic confirmation. Client remains responsible for amounts incurred, approved third-party costs, and work performed before the effective cancellation date.

6. Payments and refunds

Except where non-waivable law requires otherwise, setup fees, subscriptions, deposits, production costs, reserved capacity, and completed or commenced services are final and non-refundable. No prorated refunds or credits are owed for unused time, delayed approvals, missing Client materials, platform restrictions, Client cancellation after billing, or dissatisfaction after work has begun. Chargebacks do not cancel contractual payment obligations.

7. Client responsibilities and approvals

Client must timely provide accurate information, access, brand assets, releases, licenses, instructions, approvals, and a single authorized decision-maker. Unless a statement of work says otherwise, Client must respond within three (3) business days. Delay by Client extends deadlines and may require rescheduling. Client is responsible for final review of facts, claims, prices, legal disclosures, professional advice, and regulatory compliance before publication.

8. Revisions and change orders

Unless stated otherwise, one reasonable revision round is included. New concepts, changes after approval, additional deliverables, rush work, reshoots, expanded usage, new platforms, or changes in direction are outside scope and may require a written change order and additional fee.

9. No results guarantee

Kaizen does not guarantee leads, calls, appointments, sales, revenue, followers, reach, engagement, rankings, approvals, platform availability, media performance, or any particular commercial result. Marketing and creative services involve judgment, testing, third-party systems, market conditions, and Client execution. Past performance and forecasts are not guarantees.

10. Advertising and third-party platforms

Ad spend is separate and paid by Client. Meta, Google, Stripe, GoHighLevel, WordPress, hosting providers, social networks, publishers, vendors, and other platforms are independent third parties. Kaizen is not responsible for outages, policy changes, suspensions, rejected ads, account access, algorithm changes, tracking loss, or third-party acts beyond Kaizen's reasonable control.

11. Intellectual property

After full payment, Client receives a non-exclusive license to use final approved deliverables for Client's own business and within the usage stated in the applicable order. Kaizen retains all rights in pre-existing materials, concepts not selected, templates, prompts, systems, source files, editable files, raw footage, production methods, know-how, automation architecture, reusable components, and third-party materials. Editable or raw files are excluded unless purchased in writing.

12. Portfolio rights

Unless Client and Kaizen sign a confidentiality restriction before work begins, Kaizen may identify Client and display final public work in portfolios, awards, proposals, social media, websites, reels, and case studies, subject to applicable confidentiality obligations.

13. Confidentiality

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. Confidentiality does not cover information lawfully public, independently developed, or received without restriction.

14. Client materials, claims, and regulated industries

Client represents that it owns or has permission to use all materials, trademarks, data, testimonials, music, footage, claims, and instructions supplied or approved by Client. Client remains solely responsible for compliance in medical, legal, financial, insurance, nonprofit, employment, privacy, advertising, sweepstakes, and other regulated matters and should obtain its own professional review.

15. Independent contractor

Kaizen is an independent contractor. Nothing creates an employment, fiduciary, partnership, joint venture, franchise, or agency relationship. Neither party may bind the other except as expressly authorized in writing.

16. Disclaimer of warranties

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 or error-free operation, except for express obligations that cannot lawfully be disclaimed.

17. Limitation of liability

To the fullest extent permitted by law, Kaizen will not be liable for lost profits, lost revenue, lost data, lost opportunity, reputational harm, business interruption, or indirect, incidental, special, exemplary, punitive, or consequential damages. Kaizen's aggregate liability arising from the relationship will not exceed fees actually paid to Kaizen for the specific service giving rise to the claim during the three (3) months immediately preceding the event. These limitations 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, losses, penalties, and reasonable costs arising from Client's business, Client materials, Client-provided or Client-approved claims, regulatory violations, infringement, privacy violations, unlawful instructions, or misuse of deliverables, except to the extent finally caused by Kaizen's willful misconduct.

19. Force majeure

Neither party is liable for delay caused by events beyond reasonable control, including disasters, severe weather, labor disruption, illness, government action, war, civil disorder, utility or internet failure, platform outage, vendor failure, or supply interruption. Performance time is extended for the delay.

20. Informal resolution; binding arbitration; class and jury waiver

THE PARTIES WILL FIRST ATTEMPT IN GOOD FAITH TO RESOLVE A DISPUTE THROUGH WRITTEN NOTICE AND THIRTY (30) DAYS OF INFORMAL NEGOTIATION. EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS, COLLECTION OF UNDISPUTED FEES, OR TEMPORARY INJUNCTIVE RELIEF TO PROTECT CONFIDENTIALITY OR INTELLECTUAL PROPERTY, ANY DISPUTE ARISING FROM THE RELATIONSHIP WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS APPLICABLE COMMERCIAL RULES. THE SEAT AND HEARING LOCATION WILL BE DALLAS COUNTY, TEXAS, UNLESS THE PARTIES AGREE OTHERWISE. EACH PARTY WAIVES TRIAL BY JURY AND PARTICIPATION AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY AND ONLY AS NECESSARY TO RESOLVE THAT PARTY'S CLAIM.

21. Governing law

Texas law governs without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provision where applicable. Courts located in Dallas County, Texas have exclusive jurisdiction over matters permitted to proceed in court.

22. Electronic contracting and records

Typing a name, checking the required boxes, and selecting Continue to Secure Payment constitutes an electronic signature and acceptance. Client consents to electronic records, invoices, notices, and signatures and confirms the ability to retain this Agreement. Kaizen may retain the accepted version, timestamp, cart, technical verification data, and transaction identifiers as evidence of consent.

23. Entire agreement; severability; waiver; assignment

This Agreement and incorporated order documents are the entire agreement regarding the purchase and replace prior discussions on that subject. Amendments must be in 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 is not a waiver. Client may not assign without Kaizen's written consent; Kaizen may assign in connection with a reorganization, financing, or sale of its business or assets.

24. Notices and contact

Legal and cancellation notices to Kaizen may be submitted through the Customer Portal or sent to info@kaizencreative.pro and should identify Client, company, service, and requested action. Kaizen may send invoices, renewals, payment alerts, cancellation confirmations, and legal notices to the email supplied at checkout.