Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Objective Marketing, LLC, a Michigan limited liability company doing business as KitchenAPI ("KitchenAPI," "we," "us"). By creating an account, starting a trial, or using the KitchenAPI service (the "Service"), you accept these Terms on behalf of yourself and, if applicable, the company you represent, and you confirm you have authority to do so. If you do not agree, do not use the Service.

You must provide accurate, current information when registering and keep it updated. Because the Service integrates with Design Flex, you must register using the same email address associated with your registered Design Flex user account; accounts registered with other addresses may be limited or unable to access conversion features. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly at support@kitchenapi.com of any unauthorized use. Accounts are for a single business entity; users within your business may be invited under your account's team features.

New accounts receive a 14-day free trial with full functionality. No payment method is required to start a trial. At the end of the trial, continued use requires a paid subscription.

Subscriptions are sold for an annual term and invoiced directly, in advance, unless your order form states otherwise; where online payment is offered, it is processed by our payment processor. Fees are due as stated on your invoice or order form. Your subscription covers the number of user seats stated on your order; seats are licensed for the term whether or not they are used, and unused seats or unused time do not roll over, convert to credit, or entitle you to a refund. Additional seats added mid-term are prorated for the remainder of the term.

Subscriptions renew for successive annual terms unless either party cancels before the renewal date; cancellation takes effect at the end of the then-current term. Fees already paid are non-refundable except where required by law or expressly agreed. We may change pricing with at least 30 days' notice, effective at your next renewal.

Setup assistance, custom SKU mapping, custom integrations, and similar services beyond the standard product ("Professional Services") are available separately and are governed by a mutually agreed quote, order form, or statement of work. Professional Services fees are as quoted and are in addition to subscription fees.

You agree not to: (a) use the Service in violation of any law; (b) upload content you lack rights to; (c) attempt to probe, breach, or circumvent security or access controls; (d) reverse engineer, decompile, or copy the Service or its underlying engine except as permitted by law; (e) resell, sublicense, or provide the Service to third parties outside your business without our written agreement; (f) use the Service to develop a competing product; (g) interfere with the Service's operation or other customers' use; or (h) exceed reasonable usage consistent with your plan. We may suspend accounts that violate this section, with notice where practicable.

The Service connects to your QuickBooks account only with your authorization through Intuit's sign-in process. You may revoke that authorization at any time from within QuickBooks or from your KitchenAPI settings. The Service creates documents (such as estimates and invoices) in your QuickBooks based on the files and mappings you provide. You are responsible for reviewing documents created in your accounting system for accuracy before relying on them. KitchenAPI is a data-conversion tool, not an accounting, tax, or bookkeeping service, and does not provide financial advice.

The Service — including its software, conversion engine, design, and documentation — is owned by KitchenAPI and its licensors and is protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. No rights are granted except as expressly stated. Feedback you provide may be used to improve the Service without obligation to you.

You retain all rights to the files you upload, the SKU mappings you create, and the business data you process through the Service ("Customer Data"). You grant us a limited license to host and process Customer Data solely to provide and support the Service. We do not sell Customer Data and do not use it for advertising. You can export your data at any time, and you may request deletion as described in our Privacy Policy.

Each party will protect the other's non-public information with reasonable care and use it only as needed to perform under these Terms. This obligation survives termination for three (3) years, and indefinitely for trade secrets.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CONVERTED DATA WILL BE ACCURATE IN ALL CASES; YOU ARE RESPONSIBLE FOR REVIEWING OUTPUT BEFORE USE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE (OR $100 IF YOU PAID NOTHING). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S CONFIDENTIALITY BREACH, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

You will defend and indemnify KitchenAPI against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your violation of law. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual-property rights, provided you promptly notify us and allow us to control the defense.

You may stop using the Service and cancel at any time. We may suspend or terminate your account for material breach of these Terms that remains uncured fifteen (15) days after notice, or immediately for violations of the Acceptable Use section. Upon termination, your right to use the Service ends; sections that by their nature survive (including Your Data export rights for 30 days, Confidentiality, Disclaimers, Limitation of Liability, and Governing Law) survive.

We may update these Terms from time to time. Material changes will be announced by email or in-product notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

These Terms are governed by the laws of the State of Michigan, without regard to conflicts-of-law rules. The parties will first attempt in good faith to resolve any dispute informally. Any action must be brought in the state or federal courts located in Michigan, and both parties consent to their jurisdiction.

Legal questions: legal@kitchenapi.com
Support: support@kitchenapi.com