Terms of Service

1. Acceptance of Terms

By accessing or using the website or services provided by Kitari Global LLC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. You must be at least 18 years of age to use this site or engage our services. If you do not agree to these terms, please do not use our website or services.

2. Website Access & Use

Subject to these Terms, Company grants you a limited, non-transferable, non-exclusive, revocable license to access and use this website for your own personal or business evaluation purposes. This license does not include the right to:

• Sell, resell, rent, lease, or commercially exploit the site or its content
• Reverse engineer, disassemble, or create derivative works from any part of the site
• Use the site to build a competing product or service
• Scrape, crawl, or harvest content or data from the site without written permission
• Use the site in any way that violates applicable laws or regulations

Company reserves the right to modify, suspend, or discontinue the website at any time without notice. All intellectual property rights in the site and its content remain the property of Company or its licensors.

3. Third-Party Links & Cookies

Our website may contain links to third-party websites. These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content, privacy practices, or terms. You access third-party links at your own risk.

Like most websites, we use cookies and similar tracking technologies to improve your browsing experience, analyze site usage, and support our marketing efforts. By using our site, you consent to our use of cookies in accordance with our Privacy Policy.

4. Description of Services

Kitari Global provides custom software development services, including mobile and web applications for spiritual entrepreneurs, coaches, and conscious creators. Our services include but are not limited to app development, design, hosting, and ongoing maintenance.

5. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information as requested
• Respond to communications and provide feedback in a timely manner
• Ensure you have the rights to any content you provide for use in your application
• Comply with all applicable laws and regulations

6. Payment Terms

Payment terms are as follows:

• A deposit is required to begin work on any project
• Payment schedules will be outlined in your individual contract
• Late payments may result in suspension of services
• All fees are non-refundable unless otherwise specified in your Service Agreement or in writing

7. Cancellation & Refund Policy

All cancellation and refund terms, including any applicable cancellation windows, minimum contract periods, suspension and reactivation conditions, and refund eligibility, are defined in the Service Agreement executed between you and Kitari Global at the time of engagement.

Cancellation and refund requests must be submitted in writing to clients@kitari.org. In the event of any conflict between these Terms and your signed Service Agreement, the Service Agreement controls with respect to commercial and cancellation terms.

8. Intellectual Property

Upon full payment, you will own the custom elements created specifically for your project. We retain ownership of our proprietary frameworks, libraries, and tools used in development. You grant us permission to display your completed project in our portfolio unless otherwise agreed in writing.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation survives termination of the agreement.

10. Limitation of Liability

To the maximum extent permitted by law, Kitari Global shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to loss of profits, loss of data, or business interruption.

Our total liability to you for any claim arising out of or related to these Terms or our services shall not exceed the total amount paid by you to Kitari Global in the twelve (12) months preceding the claim.

11. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However, we do not guarantee specific results or outcomes.

This website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will be uninterrupted, error-free, or free of viruses or harmful components.

12. Termination

Either party may terminate the agreement with written notice, subject to the cancellation terms in Section 7. Upon termination, you are responsible for payment of all services rendered up to the termination date. We reserve the right to terminate services immediately if you breach these terms. Sections 8, 9, 10, 11, 15, and 16 survive termination.

13. Platform Exit & Ownership Transfer

If you wish to transfer your application off the Kitari Global platform to self-host or use another provider, you may request an ownership transfer. This process typically includes source code handoff for custom elements you own, database export and migration assistance, documentation for self-hosting requirements, and a transition support period.

Platform exit fees, transfer timelines, and specific transition terms are defined in your signed Service Agreement. Our proprietary frameworks, libraries, and tools remain the property of Kitari Global and are not included in any ownership transfer. Ongoing hosting, maintenance, and support will cease upon completion of the transfer.

Platform exit requests must be submitted in writing to clients@kitari.org.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Subject to the dispute resolution process in Section 15, any litigation shall be brought in the courts of Fulton County, Georgia, and both parties consent to personal jurisdiction there.

15. Dispute Resolution

Before initiating any formal proceeding, you agree to first contact us at contact@kitari.org with a written description of the dispute and your requested resolution. We will attempt to resolve the matter informally within 30 days of receiving your notice.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in Fulton County, Georgia, or by telephone or written submission at either party's election for claims under $10,000.

Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between you and Company individually. To the fullest extent permitted by law, you waive the right to participate in a class action, class arbitration, or representative proceeding.

Exceptions. Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims of intellectual property infringement are not subject to arbitration.

16. Electronic Communications

By using our website or services, you consent to receive communications from us electronically, including by email and through postings on our website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17. General Provisions

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and Kitari Global regarding your use of our website and services. In the event of conflict, the signed Service Agreement controls for commercial terms.

No Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

18. 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 and updating the "Last updated" date above. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

19. SMS/Text Messaging

By providing your mobile phone number and opting in, you consent to receive SMS/text messages from Kitari Global LLC. These messages may include promotional offers, updates about our services, appointment reminders, and other marketing communications.

Message Frequency

Message frequency varies. You may receive up to 10 messages per month depending on your interactions and preferences.

Message and Data Rates

Message and data rates may apply. Please consult your wireless carrier for details regarding your messaging plan.

Opting Out

You may opt out of receiving SMS/text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message and will no longer receive SMS communications from Kitari Global unless you re-subscribe.

Help

For assistance with our SMS program, reply HELP to any message or contact us at contact@kitari.org or (404) 719-6222.

Supported Carriers

SMS messaging is supported on major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not liable for delayed or undelivered messages.

Privacy

Your phone number and opt-in data will not be shared with or sold to third parties for marketing purposes. Your information will only be used to send you messages as described in this section and in accordance with our Privacy Policy. For full details, please review our Privacy Policy.

Consent

By opting in to our SMS program, you confirm that you are the owner or authorized user of the mobile number provided, that you agree to receive automated text messages from Kitari Global LLC, and that consent is not a condition of any purchase. You may revoke consent at any time by texting STOP.

20. Earnings Disclaimer

Any income or earnings figures referenced on this website, in our marketing materials, in client testimonials, or in our sales process are illustrative examples only. They are not guarantees, representations, or projections of future earnings or results.

Building a digital product does not guarantee business success, revenue growth, or any specific financial outcome. Results depend on a wide range of factors entirely outside our control, including but not limited to your industry, audience, marketing strategy, pricing, effort, experience, and market conditions.

Testimonials, case studies, and examples shared on this site reflect the experiences of specific clients and are not necessarily typical. Individual results will vary. We make no representation that any client has earned or is likely to earn any specific amount of revenue as a result of working with Kitari Global.

Nothing on this website constitutes financial advice, business advice, or an income guarantee. You are solely responsible for your own business decisions and outcomes.

In accordance with the Federal Trade Commission's guidelines concerning the use of endorsements and testimonials in advertising (16 CFR Part 255), any results displayed or referenced on this site are not typical and individual results will vary.

21. ROI Calculator Disclaimer

The ROI Calculator available at kitari.org/roi is provided for informational and illustrative purposes only. All projections, estimates, and figures generated by the calculator are hypothetical and based on general assumptions. They do not represent actual results achieved by any client and should not be interpreted as a guarantee, promise, or prediction of future revenue, income, or business performance.

Individual results will vary based on a wide range of factors including, but not limited to, your industry, market conditions, business model, marketing efforts, audience size, and how you implement and operate your digital platform. Kitari Global LLC makes no representations or warranties regarding the accuracy, completeness, or fitness for any particular purpose of the calculator outputs.

The ROI Calculator is not financial, legal, or business advice. You should not rely on its outputs as the basis for any financial decision. Kitari Global LLC is not liable for any actions taken in reliance on the estimates provided by the calculator.

22. Contact Information

For questions about these Terms of Service, please contact us at:

Kitari Global LLC
Email: contact@kitari.org
Phone: (404) 719-6222
4290 Bells Ferry Road, STE 134-2388
Kennesaw, GA 30144