Terms of Service

1. Provider Identification (Impressum)

Service Provider: Lennard Zieten – “Kaizen” App
Legal Address: Am Fillerberg 10, 27793 Wildeshausen, Lower Saxony, Germany
Contact E-mail: kaizen.workflow.app+support@gmail.com
VAT ID / Register: Sole proprietor – no trade-register entry

This disclosure satisfies Art 5 of the EU E-Commerce Directive and § 5 German Digitale-Dienste-Gesetz (DDG).

2. Scope & Definitions

These Terms govern the mobile apps, web portal, and any other service that links to them (“Service”). “User” means any natural person who installs, registers, or accesses the Service.

3. Acceptance & Amendment

By tapping “I accept” or using the Service you agree to these Terms. We may update them with 30 days’ notice (push, e-mail, or in-app). Changes that materially disadvantage EU consumers take effect only after that notice period unless you expressly agree sooner, as required by the Digital Services Act.

4. Eligibility – Age 16+

The Service is intended for persons 16 years or older. Users under 13 in the United States must obtain verifiable parental consent per COPPA; failing that, account creation is blocked.

5. Licence & Acceptable-Use

5.1 Licence

We grant you a personal, revocable, non-sublicensable licence to install and use Kaizen solely for individual task- and calendar-management.

5.2 Prohibited Actions

You must not:

• reverse-engineer, decompile or attempt to extract the source code except where such right cannot be contractually restricted;
• use the Service to transmit spam, malware or unlawful content;
• mine data or scrape calendars in bulk;
• infringe third-party rights;
• violate export-control laws (the app’s cryptography is “mass-market” under U.S. Licence Exception ENC).

We may suspend or terminate accounts that breach this clause without refund.

6. Subscriptions, Pricing & Payments

Kaizen Basic: Free, feature-limited.
Kaizen Pro: Auto-renewing monthly / yearly, or one-time “Lifetime” fee via Apple IAP, Google Play Billing or Stripe.

Prices include applicable VAT or sales tax; currency conversion is handled by the relevant platform. All in-app purchase flows follow Apple App Store Guideline 3.1.2 and Google Play policy rules.

Lifetime clarification – The one-time licence entitles you to Kaizen Pro features for at least five (5) years or until we discontinue the Service, whichever occurs first. If we cease supplying the Service for reasons beyond our control (e.g. insolvency), any prepaid portion will be refunded pro-rata where required by law.

7. Withdrawal & Refund Policy

7.1 EU/EEA Consumers

You may withdraw from any Kaizen Pro purchase within 14 days without giving reasons, unless you (i) requested immediate supply and (ii) acknowledged loss of the right of withdrawal once digital content is delivered. Use the in-app “Request Refund” tool or e-mail kaizen.workflow.app+support@gmail.com

7.2 UK, AU, NZ, CA

Refunds are available where the app is not of acceptable quality under the UK Consumer Rights Act 2015 or comparable statutory guarantees.

7.3 Rest of World

Refunds follow Apple, Google or Stripe rules linked in-app.

8. Conformity, Updates & Availability

We supply Kaizen with reasonable care and skill and aim for it to match its description. Necessary security and functionality updates will be provided for as long as (a) you have an active subscription or (b) a “Lifetime” licence remains within its five-year minimum term, subject to objective impossibility (e.g. liquidation). These rights implement Directive (EU) 2019/770 and cannot be waived. We do not guarantee uninterrupted or error-free operation. Nothing in this clause limits non-waivable consumer rights.

9. User-Generated Content & Notice-and-Takedown

You retain ownership of content you sync to Kaizen but grant us a non-exclusive licence to host and display it to you.

Prohibited content includes anything unlawful, defamatory or infringing.
DMCA Agent: Lennard Zieten, kaizen.workflow.app+dmca@gmail.com, Am Fillerberg 10, 27793 Wildeshausen, Germany. Takedown notices must comply with 17 U.S.C. § 512 (c)(3).

10. Privacy & Data Protection

Processing is governed by the EU GDPR, UK GDPR, CCPA/CPRA (California), LGPD (Brazil) and PIPEDA (Canada). Your region-specific rights and request methods are detailed in the separate Privacy Policy. We apply encryption in transit and at rest consistent with GDPR Art 32.

11. Accessibility Commitment

Kaizen aims to conform to WCAG 2.2 Level AA standards. Accessibility queries: kaizen.workflow.app+accessibility@gmail.com.

12. Third-Party Services

The Service may link to or integrate third-party APIs (e.g. Apple Calendar, Google Calendar). We are not responsible for those services; your use is governed by their terms.

13. Warranty Disclaimer (to the extent permitted)

Except for non-excludable statutory guarantees (Directive 2019/770, UK CRA 2015, Australian Consumer Law, etc.), the Service is provided “as-is” and “as-available” with no express or implied warranties of merchantability, fitness for a particular purpose or non-infringement.

14. Limitation of Liability

We are liable without limit for death or personal injury caused by negligence and for wilful misconduct. Otherwise, our aggregate liability is capped at the greater of €100 or the fees you paid in the past 12 months, unless a higher amount is required by mandatory law.

15. Indemnification

You will indemnify and hold Lennard Zieten harmless from third-party claims arising out of your breach of these Terms or violation of the law.

16. Export Compliance

You agree not to use or export the Service in violation of U.S. export laws, including 15 C.F.R. § 740.17 (Licence Exception ENC).

17. Governing Law & Jurisdiction

17.1 EU/EEA Consumers

You may bring proceedings in the courts of your place of residence under Brussels I Recast.

17.2 All Other Users

German law applies and exclusive venue is Oldenburg, Germany.

18. U.S. Dispute Resolution – Individual Arbitration

For users located in the United States:

• Mandatory, binding arbitration under the JAMS Consumer Minimum Standards or, if unavailable, the AAA Consumer Arbitration Rules; Kaizen pays all fees beyond the consumer filing fee (US$250 JAMS / US$225 AAA).
• 30-day opt-out: e-mail kaizen.workflow.app+legal@gmail.com within 30 days of account creation to avoid arbitration.
• Mass-arbitration clause: if more than 50 substantially similar claims are filed, the parties shall confer in good faith on cost allocation, reflecting recent case-law on arbitration fees.
• Class-action waiver; small-claims court option preserved.

19. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control (e.g. natural disasters, strikes, Internet outages).

20. Assignment

We may assign these Terms in connection with a merger or sale of assets; you may not assign without our written consent.

21. Termination

You may cancel your account at any time; we may terminate on 30 days’ notice (or immediately for serious breach). Upon termination we will delete or anonymise personal data within 90 days unless longer retention is legally required.

22. Severability & No Waiver

If any clause is invalid, the remainder stays in effect. Failure to enforce a provision is not a waiver.

23. Entire Agreement & Archived Versions

These Terms, plus our Privacy and Cookie Policies, form the entire agreement between you and Lennard Zieten regarding Kaizen. Historical versions are archived for at least five (5) years and available on request.

Annex — Model EU Withdrawal Form

(Complete and send to the address in § 1 within 14 days only if you wish to withdraw)

I hereby give notice that I withdraw from my contract for the purchase of Kaizen Pro (monthly / yearly / lifetime).

• Ordered on: ________ / Received on: ________

• Name of consumer: ____________________

• Address: ____________________

• Signature (only if sent on paper) & Date: ____________________