These Terms and Conditions (“Terms”) set out the terms and conditions for the use of eKaizen web service available at https://my.ekaizen.app/, https://demo.ekaizen.app, https://www.ekaizen.app/ and accompanying websites (“Application”), as provided by Ennvea s.r.o., with its registered office at Pražská 458/1, Bosonohy, 64200 Brno, Tax ID 09382313, VAT No. CZ09382313, File No. C 118777, kept by the Regional Court in Brno (“eKaizen”).
You acknowledge and agree that by accessing or otherwise using the Application you are bound by these Terms. These Terms also apply to any of your employees, partners, or other persons who (i) have been granted access to, or (ii) use the Application at your request. You hereby undertake to ensure compliance with these Terms by the aforementioned persons.
1. Fair use policy
You agree not to:
- share or make available through the Application any program that is malicious or invasive or that may or is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or device;
- share or make available through the Application any content that is threatening, hateful, racially, or ethnically offensive, or that depicts nudity, pornography, or graphic or gratuitous violence;
- share or make available through the Application any false, misleading, or deceptive information;
- intimidate, harass, or violate the rights of any user or other person;
- do anything that could disable, overburden, or impair the proper functioning of the Application;
- use any automated means to access any part of the Application unless expressly allowed by eKaizen;
- reverse engineer, decompile, or disassemble any part of the Application;
- send spam or any other unauthorised advertisements or solicitations through or using the Application; or
- otherwise do anything that is unlawful, infringes copyright, is fraudulent, malicious, or could subject eKaizen or users of the Application to harm or liability.
2. Registration and accounts
- Users proposing ideas and innovations (“Submitters”) do not need an account on the App. Anyone with access to your personal link to the Application is able to suggest an idea to improve or innovate your company, services, and products.
- In order to suggest ideas, Submitters only fill in their first name, last name + email. Depending on your specific request or preferences, you can set up the option for Submitters to suggest an idea without filling in identifying information – i.e. email, first and last name.
- Setting up an account for people who have access to the Application and specific ideas and suggestions for improvement (“Authorised users”) is carried out at your request, according to the list of users you have provided. You are responsible for the truthfulness and correctness of the information in the list.
- At least one administrator account is set up for each customer (“Admin”). Admin has permissions as an Authorised User and the ability to set up the Application.
- Only Authorised users and Admins have access to each proposed idea. Authorised user and Admin accounts are always created exclusively by eKaizen. To request setting up or removing an Authorised user or Admin account, please contact us at: contact@ekaizen.app.
- Authorised users and Admins are responsible for maintaining the confidentiality of their account and password and for restricting access to their account. Authorised users and Admins agree to accept responsibility for all activities that occur under their account or password.
3. Subscription and Payment
- The Application is subscription based. The price is negotiated in an individual contract with you and for information on pricing and individual subscription plans please contact us at: contact@ekaizen.app.
- Subscriptions start from the agreed date, which will usually be the date on which payment is received.
- Subscriptions are billed monthly, quarterly, or annually depending on your choice.
- Subscriptions are invoiced either in CZK, EUR or USD based on your preference.
- Subscription fees are charged according to the size of your company and the number of Authorised users with access to the Application, based on our price list available at: https://www.ekaizen.app/get-started/pricing/.
4. Cancellation and Refunds
- Subscriptions remain valid until expiry or change. We do not offer any refund of the amount already paid.
- You can make changes to your subscription at any time either by adding or removing users. For additional users you will be invoiced until the end of your annual subscription period; for monthly subscriptions, added users are added to your invoice starting next month. To remove or add users, please contact us at contact@ekaizen.app.
- In the event that your subscription ends, you will no longer be entitled to export your data from the Application.
5. Termination and Modification
- eKaizen reserves the right to terminate or suspend your access to the Application or any of its parts at any time for any reason, including, but not limited to, violation of these Terms or any unlawful or abusive behaviour.
- eKaizen reserves the right to modify the Application or any parts thereof.
- Sections 6 (Intellectual Property), 9 (Indemnification), and 11.5 (Governing Law) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
6. Intellectual Property
- All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Application together with the software code are the property of eKaizen and are protected by copyright and other intellectual property laws.
- By publishing content in the Application, you grant eKaizen a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, and modify all or any portion of the content, in any format and through any channel now known or hereafter developed for the purpose of operating the Application.
- You represent and warrant that you own or otherwise control any and all rights in and to the content that you upload, share, or otherwise make available and that use of that content by us will not infringe or violate the rights of any third party in any manner.
7. Disclaimer of Warranties
- eKaizen does not guarantee that the use of the Application will be uninterrupted or error-free.
- eKaizen is not responsible for any content that you or any other party submit through your internal link via the Application. In particular, eKaizen is not responsible for any content or ideas suggested by users through the Application.
- eKaizen makes no warranties or representations, express or implied, with respect to the services provided through the Application.
8. Limitation of Liability
- eKaizen, its affiliates, licensors, suppliers, or advertisers shall in no event be liable for any costs, damages, or expenses (including, without limitation, compensatory, incidental, and consequential damages, lost profits, or damages resulting from loss of data or interruption of work) arising out of use of the Application or inability to use it; unauthorised access to or alteration of your transmissions or data; or any other liabilities concerning the Application.
- eKaizen will only be liable to you for damages caused by wilful misconduct or gross negligence and other damages that may not be limited by applicable law.
9. Indemnification
- You agree to indemnify and hold eKaizen harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by eKaizen arising out of or related to: your breach of any of these Terms; any content you publish; any activity in which you engage on or through the Application; and your violation of any law or the rights of a third party.
10. Personal Information
- We will only process personal data for the purpose of operating, improving, maintaining, and providing you the Application and strictly in accordance with all applicable laws, especially the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- eKaizen will always act as a processor of your personal data with you as the controller. Details of the data processing will be agreed upon in a separate data processing agreement between eKaizen and you.
11. Final Provisions
- These Terms are in addition to the agreement between you and eKaizen. In the event of a conflict between these Terms and the agreement between you and eKaizen, the latter will apply. For the avoidance of doubt, it is stipulated that if the agreement between you and eKaizen does not cover a particular matter but that matter is covered by these Terms, the provisions of these Terms will apply.
- The failure of eKaizen to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
- eKaizen may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
- These Terms shall be governed by the laws of the Czech Republic.
12. Contact Information
- If you have any questions or concerns regarding these Terms, please contact eKaizen at contact@ekaizen.app.
