Last updated: January 1, 2025
These Terms of Service ("Terms") govern your access to and use of the KitchenERP platform, website, and related services (collectively, the "Services") provided by KitchenERP LLC ("KitchenERP," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using any part of the KitchenERP platform, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use our Services. If you are using our Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
2. Description of Services
KitchenERP provides a cloud-based enterprise resource planning (ERP) platform designed for the kitchen cabinet industry. The platform includes modules for sales management, inventory tracking, operations management, payroll management, and integrations with third-party services. The specific features available to you depend on your subscription plan.
3. Account Registration
To use KitchenERP, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activity that occurs under your account.
- Notifying us immediately at hello@kitchenerp.com of any unauthorized use of your account.
- Ensuring all users added to your account comply with these Terms.
4. Subscription Plans and Billing
KitchenERP offers multiple subscription plans billed on a monthly basis. By subscribing, you agree to:
- Pay the applicable monthly fees for your chosen plan.
- Provide accurate and current billing information.
- A one-time setup fee as disclosed at the time of purchase.
- Automatic monthly renewal unless you cancel before the next billing date.
All fees are non-refundable except as required by applicable law or as stated in our refund policy. We reserve the right to change pricing with 30 days' written notice to active subscribers.
5. Acceptable Use
You agree to use KitchenERP only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations.
- Attempt to gain unauthorized access to our systems or other users' accounts.
- Transmit malicious code, viruses, or disruptive data.
- Reverse engineer, decompile, or attempt to extract the source code of our platform.
- Use our Services to compete with or build a competing product.
- Resell or sublicense access to our Services without our written permission.
- Enter false, fraudulent, or misleading information into the platform.
6. Data Ownership
You retain full ownership of all data you enter into the KitchenERP platform ("Customer Data"). By using our Services, you grant KitchenERP a limited license to process your Customer Data solely to provide the Services to you. We do not sell your Customer Data to third parties.
Upon account termination, you may request an export of your Customer Data within 30 days. After that period, we may delete your data in accordance with our data retention policy.
7. Intellectual Property
KitchenERP and its licensors own all rights to the platform, including software, design, trademarks, and documentation. Nothing in these Terms grants you ownership of our intellectual property. You may not copy, modify, distribute, or create derivative works of our platform without our prior written consent.
8. Third-Party Integrations
KitchenERP integrates with third-party services including QuickBooks, Stax Payments, 2020 Design, Facebook, and Google. Your use of these integrations is subject to the respective terms and privacy policies of those third parties. KitchenERP is not responsible for the availability, accuracy, or actions of third-party services.
9. Uptime and Service Availability
We target 99.9% uptime for the KitchenERP platform, excluding scheduled maintenance windows. We will provide advance notice of planned maintenance where possible. KitchenERP is not liable for service interruptions outside of our reasonable control, including third-party outages, internet disruptions, or force majeure events.
10. Limitation of Liability
To the maximum extent permitted by applicable law, KitchenERP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use our Services.
Our total liability to you for any claims arising from these Terms or your use of the Services shall not exceed the fees paid by you to KitchenERP in the 12 months preceding the claim.
11. Disclaimer of Warranties
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12. Indemnification
You agree to indemnify, defend, and hold harmless KitchenERP and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
13. Termination
Either party may terminate the subscription at any time. You may cancel by contacting us at hello@kitchenerp.com or through your account settings. We reserve the right to suspend or terminate your account immediately if you violate these Terms. Upon termination, your right to access the Services will cease.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved exclusively in the courts located in Sheridan, Wyoming.
15. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or through a notice on our platform at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms.
16. Contact Us
If you have any questions about these Terms of Service, please contact us: