Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and KFASTPITCH LLC, doing business as K Fast Pitch. By accessing or using our website, services, or engaging with our company, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

Services Description

K Fast Pitch provides professional computer systems design and related technical services, including but not limited to:

• Computer integrated systems design and implementation
• Technical consulting and advisory services
• System integration and migration services
• Custom software development
• Security and compliance services
• Technical support and maintenance

The specific scope, deliverables, timeline, and pricing for services will be detailed in separate service agreements or statements of work.

Use of Services

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our services for any fraudulent or illegal purpose
• Reverse engineer or attempt to extract source code from our proprietary systems

Service Agreements and Payments

Engagement Terms

Specific services will be provided pursuant to separate written agreements, which may include statements of work, service level agreements, or project proposals. These agreements will specify the scope, deliverables, timeline, and fees for the services.

Fees and Payment

You agree to pay all fees as specified in your service agreement. Payment terms will be outlined in the applicable agreement. Late payments may be subject to interest charges and may result in suspension of services.

Refunds

Refund policies will be specified in individual service agreements. Generally, fees for completed work are non-refundable.

Intellectual Property Rights

Our Property

All content, materials, software, tools, methodologies, and intellectual property provided by K Fast Pitch remain our exclusive property unless otherwise specified in a written agreement. This includes but is not limited to:

• Proprietary software and tools
• Documentation and methodologies
• Website content and design
• Trademarks and branding

Client Property

You retain all rights to your pre-existing intellectual property. Any work product specifically created for you under a service agreement will be addressed in that agreement.

License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to use our services as specified in your service agreement.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of services.

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed without use of the confidential information
• Is required to be disclosed by law or court order

Warranties and Disclaimers

Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranties for deliverables will be outlined in service agreements.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED AS IS 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.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. You acknowledge that technology services involve inherent risks and uncertainties.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, K FAST PITCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless K Fast Pitch, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your negligence or willful misconduct

Term and Termination

These Terms remain in effect while you use our services. Either party may terminate a service agreement as specified in that agreement.

We reserve the right to suspend or terminate your access to our services immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion.

Upon termination, you must cease all use of our services and return or destroy any confidential information in your possession.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Stamford, Connecticut.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and K Fast Pitch individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

General Provisions

Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and K Fast Pitch regarding our services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Contact Information

For questions about these Terms of Service, please contact us at the information provided below.