Terms and Conditions

Last Updated: April 2023

Table of Contents

Acceptance of these Terms

This Terms of Use Agreement ("Terms"), including all paragraphs and associated contractual terms contained therein govern your access to, use of, and participation on the Website made available by Kitzee Agency Co., Ltd. or any of its subsidiaries (collectively, and including such entities operating under any other names, “Kitzee", “We", “Our", or "Us") or through Kitzee and the entirety of your relationship with Kitzee.

Please read the terms thoroughly and carefully. By using the Website, you agree to be bound by these terms. If you do not agree to these terms, then you may not access or use the Website.

All references to "You" or "Your," as applicable, mean the person who accesses, uses, and/or participates on the Website in any manner, and each of your heirs, assigns, and successors. If you use the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "You" and "Your" herein will refer to that entity, its directors, officers, employees, and agents.

Modifications

Kitzee reserves the right, in our sole discretion, to modify, update, or change these Terms, discontinue any part of the Services, and any other documents incorporated by reference herein, at any time and without prior notice. Kitzee will notify you of changes by posting on the Kitzee Website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 (thirty) days after the earliest of: (a) modifications being posted on the Website; (b) Kitzee ’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Website after the expiration of the 30 (thirty) days will constitute your consent to the changes. If you do not agree, you may not access or use the Website. User who continue to use of the Website after the change in the Terms and Conditions expressly constitutes the acceptance of the changed Terms and Conditions. You agree that you may not claim ignorance as an excuse for violation of the amended these Terms.

Additional Terms and Policies

Please review Kitzee's Privacy Policy, Cookies Policy, and Disclaimer incorporated herein by reference, for information and notices concerning Kitzee's collection and use of your information. The provision and delivery of text messages by Kitzee or our text message service providers is governed by our conditions, which are expressly incorporated herein. Please review the full set of key Kitzee policies that govern your use of the Website and our interactions with you and third parties. Certain areas of and/or products and/or services on the Website may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the Terms and Conditions or policies posted for a specific area or product or service, the latter take precedence with respect to your use of that area or product or service.

Key Terms and Definition

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Collective Content - means User Content and Kitzee Content together.
Content - means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Website.
Consumer/ Home Owner/ Customer - means a User who is registered to search for companies on the Website, seeks services from Companies on the Website, is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilises a Kitzee plan to track maintenance on a home, or otherwise uses the Website to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of services. Because a Consumer may be, or may become, a customer of a Service provider, a Consumer is often referred to as a “Customer” on the Website and in marketing materials related to the Website.
Fee - means any amount charged by Kitzee to a User in connection with Services provided on the Website.
Website - means all Kitzee websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Kitzee.
Privacy Policy means the Kitzee Privacy Policy located at www.kitzee.agency/privacy, including any amendments, supplements or modifications thereto made from time to time.
Cookies Policy means the Kitzee Cookies Policy located at www.kitzee.agency/cookies, including any amendments, supplements or modifications thereto made from time to time.
Disclaimer means the Kitzee Disclaimer located here, including any amendments, supplements or modifications thereto made from time to time.
Services - means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Providers, or sought, scheduled, paid for, or received by Consumers, through the Website.
Service Provider - means a User who uses, or is registered to use, the Website to offer, provide, receive payment for, or facilitate the provision of Services. Service Provider are sometimes referred to as “pros” on the Website.
Kitzee Content - means all Content Kitzee makes available on or through the Website, including any Content licensed from a third-party, but excluding User Content.
User - means a person or entity who completes Kitzee's account registration process, agrees to these Terms and Conditions and other governing policies, utilises any services offered by or through the Webpage, or a person or entity who submits or receives a request through the Website, including but not limited to Service Providers and Consumers.
User Content - means all Content submitted, posted, uploaded, published, or transmitted on or through the Website by any User of the Website, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Website, but excluding Kitzee Content and Feedback.
Company – refers to entity of professional Service Providers represented on the Website.
Subscription Services – Kitzee is offering basic free and advanced paid business directory listings on the Website that are both considered subscriptions to participate in Kitzee Services on the Kitzee Website.

Confidentiality

Confidential Information - shall mean all Account Holder Data; and any information generally understood to be confidential in nature or designated as such by either party, but shall not include information that:

is independently developed by the receiving party without access to the other party's Confidential Information;
becomes publicly known through no breach of these Terms by the receiving party;
has been rightfully received from a third party authorised to make such disclosure;
has been approved for release in writing by the disclosing party; or
is required to be disclosed by a legal or governmental authority.

During the term of this Agreement, and for 12 months following termination or relationship between the receiving party and disclosing party is ended, neither party will, subject to the license expressly granted herein, use, sell or disclose any Confidential Information of the other party except as specifically contemplated herein. Notwithstanding the foregoing, either party may disclose the other party's Confidential Information solely as necessary to comply with applicable laws, rules or regulations or as instructed or requested by a competent authority or a regulator.

Eligibility, Service Provider Representations, Warranties, and Use of the Platform

Access to and use of the Website is available only to individuals who are at least 20 years old and can form legally binding contracts under applicable law. By accessing or using the Website, you represent and warrant that you meet these requirements.

By registering or using the Website to offer, post, or provide Services, Service Provider represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing. Service Providers otherwise agree to comply with all applicable laws, including the Privacy Data Protection Act, any other applicable privacy laws, in their use of the Website and any personal information obtained from the Website.

Kitzee does not sell or otherwise provide Services unless explicitly specified. Kitzee may directly provide home project consultations and related on-Website services to Consumers, but any Services solicited as a result of any such consultations or on-Website services are provided by an independent Service Provider without any representation or warranty from Kitzee other than as expressly provided for herein. Kitzee may also facilitates Service transactions, which facilitation may include displaying a list of Service Provider profiles, allowing Consumers and Service Provider to send messages to each other, allowing for the booking of an appointment for the provision of Services, assisting in the selection of a Service Provider for certain Consumers, and processing payment for certain Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Services. Service Providers understand and agree that using the Website does not guarantee that anyone will engage them for Services. Consumers understand that any Services they solicit and/or pay for using the Website are solicited directly from the Service Provider providing such Services.

Service Providers understand and agree that they are customers of Kitzee, and are not Kitzee employees, contractors, consultants, joint venturers, partners, or agents. Service Providers acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Kitzee does not control, and has no right to control, the services a Service Provider provides (including the details of how the Service Provider provides such services) if the Service Provider is engaged by a Consumer or any other person, except as specifically noted herein or on the Website.

Service Providers understand and authorise Kitzee to use their information to obtain background checks and business credit checks from our vendors and/or verify your identity throughout your use of the Website. Kitzee, as permitted by applicable laws, obtains reports regarding Service Providers, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Provider’s account based on the results of such a report, with or without notice. As a Service Provider, you agree and authorise us to use your personal information, such as your full name and date of birth, to obtain such reports from Kitzee ’s vendors. Service Providers agree to inform Kitzee of any material criminal convictions or allegations that occur after any such reports are run.

Account Registration and Other Submissions

Users may access parts of the Website without registering for an account. However, we want to inform Users that the Website may collect certain information automatically (through third party products) on the User’s devices called Log Data. This Log Data may include, but not limited to, information such as the User’s device Internet Protocol or IP address, device name, devices unique device ID, operating system version, the type of Internet browsers that the User uses, information about the way the User uses the Services, the configuration of the application, the time and date of the User’s use of the Services, and other statistics. Users can refer to our Privacy Policy.

To access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Website, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Kitzee password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity and transaction that occurs on your Account, regardless of whether or not such activity or transaction was conducted with or without your knowledge or authority, and you will notify Kitzee immediately of any unauthorized use or access to your Account. Kitzee is not liable for any losses or damage by any party caused by an unauthorized use of your Account and Users may not argue or defend themselves, or file a lawsuit against Kitzee, based on the claim that their accounts were used by an unauthorized person.
You are liable for the losses of Kitzee or others due to any unauthorized use of your account related to your failure to comply with these Terms and Conditions. Your account is non-transferable except with Kitzee’s written permission and in accordance with Kitzee policies and procedures.
The methods and conditions for accessing and using the Website, and any relevant features, will be determined by Kitzee solely, or any other methods approved by Kitzee.

Your License to Use the Platform

Subject to your compliance with these Terms and Conditions, Kitzee grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation on the Website. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or Collective Content, except as expressly permitted in these Terms and Conditions. The Website and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Kitzee or our licensors, except for the licenses and rights expressly granted in these Terms.

User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. Interactions with the Website are governed by our Community Standards and Participation Guidelines accessible at the Website or which are incorporated in the Terms and Conditions and other Legal Documents on the Website. You will be deemed to consent to these guidelines, and their terms and conditions, if you choose to post any content or comments to the Website or access this feature on the Website. The contents of private messaging through the Website will not be used by Kitzee in public advertising. By making available any User Content on or through the Website, you or the owner of the content still own the copyright in the content provided to us, but you hereby grant to Kitzee a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilise such User Content on or through the Website, by means of or to promote, market or advertise the Website or Services, publish and/or transmit User Content in any format and on any platform, either now known or hereafter invented or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Kitzee will survive termination of the Website or your Account. Kitzee does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Website by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Website. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Website or you have all rights, licenses, consents and releases that are necessary to grant to Kitzee the rights in such User Content, as contemplated under these Terms; or you have received permission from, or are authorized by, the owner of intellectual property to submit the User Content to the Website and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Kitzee 's use of your User Content (or any portion thereof) on, through or by means of the Website will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Kitzee has no obligation to do so, you agree that Kitzee may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Kitzee reserves the right, at any time and without prior notice, to crop, edit, refuse to publish, remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Website or Users, or for any other reason at any time.

You acknowledge and agree that when you post content on the Website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy and completeness of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Kitzee, and we do not support or endorse any user content. Although we exercise utmost care, you acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Website. We accept no liability in respect of any content submitted by You and published by us or by authorized third parties.

Prohibitions

As a User of the Website, you may not:

Post content which is deliberately intended to upset or harm other users or is suited to conveys a defamatory meaning in any way to other business;
Overcompliment or promote any service providers or businesses that are related to you, whether directly or indirectly, by a relationship of family, friend, agent, employment, or any other relationship without prior written permission from Kitzee. The User represents that any messages, posts, pictures, sound, logos, and/or any part of the Website that the User created or posted in the Website are true and correct, and that the User will not post or upload any false information or cause any misunderstanding to others;
Use another person's Account, misrepresent yourself or Services offered through the Website, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Website;
Use any automated system including but not limited to robots, spiders, offline readers, AI, or scrapers to access the Website for any purpose without Kitzee 's prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Kitzee reserves the right to revoke these exceptions either generally or in specific cases);
Copy text, or otherwise misuse or misappropriate Website information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
Take any action that (a) may unreasonably encumber the Website's infrastructure; (b) interferes or attempts to interfere with the proper working of the Website or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Website; (d) circumvents, disables or otherwise interferes with security features of the Website; (e) distributes viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website or any other technologies that may harm Kitzee or our Users; (f) uses the Website in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
Use the Website in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Kitzee for access to services provided by the Website or by Service Providers;
Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by applicable law or regulation), including but not limited to information related to Users for any reason not explicitly authorised by these Terms, including commercial solicitation purposes;
Violate any applicable laws or regulations. You warrant that User Content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You also warrant that User Content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, or illegal;
Use the Website to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;
Fail to comply with a User’s requests (including, those made on their behalf by Kitzee) to no longer receive phone calls, text messages, e-mails or any other communications from you;
Recruit, solicit, or contact in any form Service Providers or Consumers for employment or any other use not specifically intended by the Website;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Website, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any law;
Violate in any material respect any Kitzee’s policies that govern your use of the Website and our interactions with you and third parties;
Use the Website for commercial purposes or submit any content to solicit funds, unless prior written approval has been obtained from Kitzee, advertise or solicit a Service not related to or appropriate for the Website including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Kitzee; (g) is based outside Thailand; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counselling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;
Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Kitzee mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Kitzee, (b) offers to purchase a Service or any other service outside of Kitzee, or (c) using a profile page or User name to promote services not offered on or through the Website;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Fail to perform Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Services (including by refusing to pay);
Seek to charge a Consumer for Services when payment has already been, or is scheduled to be, initiated through Kitzee;
Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Kitzee;
Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
Agree to purchase a Service when you do not meet a Service Provider's requirements;
Create more than one Consumer or Service Provider Kitzee account without our written permission;
Circumvent, or seek to circumvent, payment through the Website where payment through the Website is indicated to you as mandatory or is initiated by a Consumer;
Fail to comply with any applicable laws or regulations related to your use of the Website;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Website; and
Attempt to indirectly undertake any of the foregoing.

In the event that the User violates this Section: Prohibitions and/or any condition of these Terms, Kitzee is entitled to suspend and/or terminate the Account, User's use of Website, block access to such information and/or immediately delete the contents from the website.

Kitzee Subscription Terms

Kitzee is offering basic free and advanced paid Subscription Services to companies that intend to be represented on the Website. Advanced Services require you to enable a Subscription that may require prepaid payment (“Subscription”).

Service Providers can pay fees to Kitzee in order to receive certain services on the Website, including but not limited to creating advanced Service Provider profiles. As a Service Provider, Kitzee will automatically charge your stored payment method according to the payment terms. Kitzee may also charge other types of Fees that you have previously agreed to (for example, cancellation fees or fees for marketing or data services) to your stored payment method or as deduction from your Kitzee balance. In order to use Kitzee advanced Subscription, you must have at least one valid payment method stored on file and the storage of such payment method is subject to our Terms and Conditions. Except as otherwise described herein or in our Payment Terms, all sales and Fees on Kitzee are final and non-refundable.

Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications with you. Subscription offerings may vary by jurisdiction, including in availability, pricing, and enabled features and content. Your Subscription will continue and automatically renew until terminated or as otherwise stated during sign-up or other communications with you. You can cancel your Subscription before it renews as set out below in the “Cancellation” section. You can find specific details regarding your Subscription in the Settings on your Company Profile dashboard.

By signing up for a Subscription, you agree that Kitzee or its payment processor may charge the fees shown to you during sign up on a periodic basis to the payment method you specify at the time of your initial purchase. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be automatically charged to you on the specific billing date indicated on your individual Account page (dashboard). In some cases, your payment date may change, for example if your paid membership began on a day not contained in a particular month or if discount voucher were applied, or grace periods offered.

Default Payment Method

For ordinary charges from Service Providers, Kitzee will first attempt to charge the default payment method. In the event that Kitzee is unable to charge that payment method for any reason -including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect - you agree that Kitzee may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Services. If Kitzee is unable to charge the default payment method, Kitzee may attempt to charge any other payment methods associated with your Account in any order.

You acknowledge and agree that Kitzee or it’s payment service provider may use Apple Pay, Google Pay, PayPal, Stripe, PromptPay or other third-party payment processors to process fees for the Subscription on our behalf, and that we will not be liable for any errors caused by such third-party payment processors. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the advanced Service feature set and carry on your Subscription as basic free Service until we have successfully charged a valid payment method.

For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees, transfer charges, or other fees relating to the processing of your payment method. Please check with your payment method service provider for details.

Penalty Fees for Subscribers

Kitzee may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion.

In addition, Kitzee may charge certain penalty Fees disclosed directly on the Website, including cancellation Fees.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Kitzee cannot charge a payment method for any reason, Kitzee reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to set your subscription level back to Basic, terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Kitzee or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Kitzee may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Taxes

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, withholding tax, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Kitzee can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Kitzee when Kitzee includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Providers or Consumers.

Subscription Cancellation

You can cancel your membership at any time on the Kitzee Website. Payments are non-refundable, but you will continue to have access to the Advanced Service through the end of your billing period after which your Subscription will fall back to the Basic free Subscription version.

Your Subscription will continue on a recurring basis according to its terms unless and until you cancel your Subscription or are otherwise suspended or discontinued pursuant to these terms. You must cancel your Subscription before your next renewal date in order to avoid billing for each renewal period. We or our payment processor will bill the periodic Subscription fee plus any applicable taxes to the active payment method at the time. If you cancel your Subscription, cancellation will be effective at the end of the current billing period - this means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund. You can cancel your Subscription by logging into your account and following the instructions in the settings of the Apps. If you pay for your Subscription through your account with a third party (e.g. through the Google Play store) and want to cancel your Subscription or manage your billing, you may need to do so through your account with such third party.

Updating your Payment Methods

You can update your preferred payment methods via the Account page (your Company dashboard) any time. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee.

Changes to the Price and Subscription Plans

We reserve the right to change our subscription plans, pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions or our relevant notice, any price changes or changes to your subscription plan will take effect following notice to you. We will inform all Subscribers well ahead of any changes in Subscription fees. You have the opportunity to adjust your subscription Services any time in your company Account page (dashboard).

Additional Subscription Terms

These additional terms and the Kitzee Terms of Service govern your subscription and use of the Kitzee Website. By signing up for Kitzee, companies agree to these Subscription terms.

Subscriptions to Kitzee is available on a monthly, bi-annual, or annual basis, depending on the Subscription selected by you.
Subscriptions automatically renew on the anniversary date of your subscription. You can terminate your subscription prior to any renewal by going to your Account dashboard online.

You may only purchase subscriptions on your own behalf or on behalf of your business.

You will pay all charges you incur in connect with Kitzee Website Subscription in immediately available funds. You agree to provide a valid payment method for Kitzee and you agree to keep this information up to date.
Payments are due in advance. These fees are not refundable. Payments are due on the anniversary date of your original order.

You authorize and direct us to charge your designated payment method for your subscription or, if your designated payment method fails, to charge any other payment method you have on file with us.
You authorize and direct us to retain information about the payment method(s) associated with your account and as referred to in our Privacy Policy. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.
Kitzee Website Subscription terms are subject to change at any time.

We do not permit or accept Subscriptions that (a) violate applicable laws or regulations, (b) violate the rights of others, including the copyrights or trademarks of others, (c) are misleading or inaccurate, or (d) promote (i) counterfeit goods, (ii) dangerous products or services such as unsafe or dangerous materials or procedures, (iii) products or services that enable dishonest or unlawful behavior, (iv) obscenity, (v) gambling related products or services, or (vi) other products or services we deem in our sole discretion as being inappropriate or offensive.

All content and information submitted by you shall be subject to our character limits, quality standards, Kitzee Terms of Services, and other applicable listing policies.
We may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms.

We do not guarantee (a) the appearance and/or location of any listing, (b) the level of results you will achieve from Kitzee Subscription or (c) the Kitzee Subscription will meet your requirements.

You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of Kitzee’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and all trademarks and branding associated with your business for your Kitzee Ads listings.

You represent and warrant that you have all rights to provide the content and trademarks you submit for your Kitzee Ads listings.

Tracking Communications

In order to ensure appropriate charging of Fees and compliance with these Terms, Kitzee may track the occurrence of communications between Consumers and Service Providers that were initiated on the Website via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Provider. In order to track the occurrence of such communications, Kitzee may obscure Service Provider contact information in a Service Provider profile, replace Service Provider contact information in a Service Provider profile with a different piece of contact information that will forward to the Service Provider, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Kitzee Website unless we first obtain your permission. However, we may need to access such content of communications or request such information when we need to resolve disputes between Consumers and Service Providers, or in connection with your use of the Services, investigate illegal activities, prevent of fraud-related activities and other actual or suspected misconduct for investigation.

If you send text messages with a Consumer or Service Provider using the telephone number for that User available on the Website, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention or investigation, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Kitzee and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

Thalad (Marketplace) Payments

The Kitzee Website may facilitate payments between Consumers and Service Providers ("Thalad Payments”) through our payment processing partner Stripe, but Kitzee is not a party to any such Thalad Payments, or any Services related thereto. Unless otherwise indicated, Thalad Payments may be made for services only; Thalad Payments for tangible personal property is prohibited. By agreeing to these terms or continuing to operate as a Service Provider on the Website, you hereby appoint Kitzee to act as your agent for the limited purpose of facilitating and receiving Thalad Payments on your behalf through Stripe as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Thalad Payment disputes, once a Thalad Payment has been made through the Kitzee Website, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Thalad Payment by Kitzee as though the payor User had made the Thalad Payment directly to the payee User.

Kitzee does not offer any professional services directly or indirectly unless specified in a separate contract to which Kitzee is a direct party. Any time a Consumer pays for or books Services on the Website or receives a quote in connection with Services, such Consumer is contracting directly with the Service Provider offering such Service. Notwithstanding any facilitation of booking or payment, you understand and agree that Kitzee (i) does not sell, offer, provide or subcontract any Service and (ii) is not liable in any way for any Service, except to the extent expressly set forth. Notwithstanding Kitzee’s potential role as a payment facilitator, each Service Provider who receives Thalad Payments understands and agrees that they are obligated to perform the Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract.

Service Providers who receive Thalad Payments from Consumers on Kitzee must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Service Providers should never agree to receive a Thalad Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such Stripe agreements and, in particular, Service Providers should note that they will need a Tax Identification Number or VAT Registration Number in order to receive Thalad Payments. As a Service Provider, by agreeing to these terms or continuing to operate as a Service Provider on Kitzee, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Kitzee with accurate and complete information about you and your business, and you authorize Kitzee to share this information and transaction information related to your use of the payment processing services provided by Stripe. Service Providers also agree that Kitzee may debit their Stripe account in connection with disputes with Consumers. Kitzee reserves the right to process such debits and to withhold final payments until Kitzee has investigated disputes. Kitzee may make a final decision on disputes in their sole discretion and, as a Service Provider, you understand that all Thalad Payments you may earn on the Website are subject to such decisions. Additionally, Service Providers agree that Kitzee may reverse payments that have been made to a Service Provider’s Stripe Connected Account when a customer refund or guarantee payout is warranted, including in connection with such Service Provider’s actions or inactions that are prohibited by these Terms.

As a Consumer making a Thalad Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

Kitzee may enable you to make Thalad Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorised in our sole and absolute discretion.

If you choose your bank account as your Thalad Payment method, you authorise Stripe to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorise Kitzee or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorise the financial institution that holds your bank account to deduct such payments. You also authorise the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account. Your authorisation will remain in effect until cancelled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.

If your full payment is not processed by us at the same time, you hereby authorise partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorise. This return fee will vary based on which province you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Applicable law may limit your liability for any fraudulent, erroneous, or unauthorised transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorised transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorised transactions and the limits on your liability.

Thalad Payment Disputes: All requests for Thalad Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Kitzee in accordance with the rules applicable to the payment method you used to make the Thalad Payment and will be in Kitzee ’s absolute discretion. Kitzee is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favour. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Kitzee support at support@kitzee.agency. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been cancelled.

If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms and Conditions or the creation of other risks to Kitzee or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make Thalad Payments you owe when due, or if Kitzee is unable to charge one of your payment methods for any reason, Kitzee reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Kitzee or by anyone on our behalf, including but not limited to a third party collection agent.

Kitzee may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.

Kitzee Promotions

You may receive certain offers from Kitzee (“Promotions”), including but not limited to discounted or free use of the Website for a limited period, discounts on or credits towards payments made for Services, and discounts or credits in relation to referrals. Any Promotions are offered at Kitzee’s discretion and may be revoked for any reason. In this case, Kitzee shall inform users in advance through Kitzee's website or communication channel. Note that any attempt (as determined by Kitzee in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Kitzee offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Kitzee. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Kitzee may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing. In cases where Kitzee shares promotions, discounts, rebates or other financial benefits from Third Parties, Kitzee does under no circumstances accept any legal responsibility for such offers. The conditions stipulated by the publisher of such incentives are binding and the Users understand that all clarifications have to be settled between the party offering the promotion and the respective user.

Disputes Between or Among Users

Kitzee values our Service Providers and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Website cannot be resolved independently, you agree, at Kitzee's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Kitzee or a neutral third-party mediator or arbitrator selected by Kitzee. Notwithstanding the foregoing, you acknowledge and agree that Kitzee is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

Intellectual Property Rights

Kitzee Content is protected by copyright, trademark, patent, and other laws of Thailand, foreign countries, and international conventions. Except as expressly provided in these Terms, Kitzee and our licensors exclusively own all right, title, and interest in and to the Website and Kitzee Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Kitzee used herein are trademarks or registered trademarks of Kitzee. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Feedback

By sending us any feedback, comments, questions, or suggestions concerning Kitzee or our services, including our Website (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, including but not limited to marketing our products or services using such information, and (iv) irrevocably waive, and cause to be waived, against Kitzee and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Website.

Copyright Policy

We expect Users to respect all aspects of copyright laws. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

Deletion of the Contents

Under the Act on Commission of Offences relating to Computer or Computer Crime Act (CCA) B.E. 2550 [2007]:
If the User notices that there is forged computer data in a manner that is likely to cause damage to that third party or the public or false computer data in a manner that is likely to damage the country's security or cause a public panic, or any illegal content pursuant to Section 14 of the Computer Crime Act in the Website, the User can send information to Kitzee through support@kitzee.agency to suspend or delete such illegal content by:

filing a police report with the officer at your local police station or competent authority and stating the details of the illegal content, and details of any damage occurred to the User or third parties, together with any relevant documents and evidence of such illegal content; and
reporting the details of the said illegal content, any relevant documents and evidences.
After receiving such information and required documents, Kitzee shall remove the content as soon as reasonably practicable depending on the nature of the services, but not exceeding 7(seven) days from the receipt date and notify the user who is being alleged of disseminating illegal content.

Under the Amended Copyright Act B.E. 2565 [2022]:
If you as a copyright owner believes that your work has been infringed or if you suspect the copyright infringement on the Website, the copyright owner can send a notice to inform Kitzee of allegedly infringing intellectual property with the details and evidence.
Kitzee shall take down the content, its references, delete content alleged to be infringing and disable any access points from their system, or block access, as soon as reasonably practicable depending on the nature of the services, but not exceeding 7 (seven) days from the receipt date.
Kitzee also shall subsequently notify the user who posted the allegedly infringing content to allow the user to oppose the removal by sending a counternotice to Kitzee.
If such a counternotice is received, Kitzee then will forward a copy of it to the copyright owner and notify the copyright owner that it will bring back the removed content or cease blocking the access within 30 (thirty) days of receiving the counternotice, unless the copyright owner files a lawsuit against the alleged infringer/user.

No Endorsement or Warranty

Kitzee does not endorse, warrant or make any representation (except those expressly and unambiguously made by Kitzee directly on the Website) concerning any User, or any Services, and Kitzee is not a party to any agreements between or among Users, or third parties. Kitzee does not perform Services and disclaims all liability with respect thereto except to the extent expressly set forth. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's use of any part of the Website, including but not limited to any scheduling or other services. Neither Kitzee nor any Users of the Website may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Kitzee may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Kitzee services they are using or any involvement by Kitzee personnel in providing or scheduling those services. The User shall hold harmless Kitzee and/or its directors, services provider, employees, or affiliates from any claims arising of Service or use of the Website or third party's claims. The User agrees and accepts to fully cooperate with Kitzee in any proceeding to solve the problems, disputes or allegations arising from the violation of these Terms, tort, or other legal problems.

Kitzee may provide tips, lists, suggestions, or similar content (collectively, “Home Tips”) concerning popular home maintenance or improvement projects. Following Home Tips may help mitigate common home maintenance and safety issues, but Home Tips are not comprehensive, nor are they tailored to any User’s specific home. Any advice given in connection with Home Tips is provided based on generalised, public knowledge concerning home maintenance and safety and is not provided by experts. Home Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. Kitzee disclaims any warranties or representations with respect to Home Tips. Kitzee makes no representation that contents and materials the Website are appropriate or available for use in any location. You must evaluate the accuracy of any content as appropriate for your use case.

Any reference on the Website or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of”, “top", "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards and does not represent anything else. Kitzee does not background every Service Provider that may provide Services. Any such description is not an endorsement, certification or guarantee by Kitzee and is not verification of a Service Provider’s identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Kitzee offers a non-exhaustive list of safety tips to consider when hiring a Service Provider. Except as specifically described in the Kitzee Guarantee and including its exclusions and limitations, Kitzee has no responsibility for any damage or harm resulting from your interactions with other Users.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Kitzee. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Website, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Kitzee with respect to such actions or omissions.

Sanctions for Violations of These Terms

Without limiting any other rights, Kitzee may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Kitzee, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Kitzee in connection with your use of the Website), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

Account Suspension or Termination

We reserve the right to refuse registration of certain individual, or companies for any reason as we deem appropriate.
We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Kitzee Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website or your User Content, or receive assistance from Kitzee support teams or your subscription will be cancelled; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalised in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Website services or Services cancelled or delayed as a result of Account termination. You may cancel your use of the Website and/or terminate your Account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

Rating Algorithm

We are transparent in how Kitzee is using a dynamic calculation model to determine a ranking for companies presented on this platform based on reviews shared by home owners.
We take several aspects into account that form a comprehensive rating that describes a company’s performance in a way that is relevant for the decision making process of home owners.

Aspects as average Rating, recentness, reputation and responsiveness generally are the most significant factors that raise or lower a business’s rating based on what is believed to matter most to home owners when looking to hire a company. As the calculation is complex we reserve the right to adjust the algorithm to keep it relevant and tamper proof.

Due to the nature of reviews, Kitzee scores reflect past performance and are not a guarantee of its reliability or performance in the future. Kitzee recommends that home owners consider our rating in addition to all other available information they are able to obtain. Regardless of a rating score you should always check past projects yourself and use complete and correct legal documents when engaging a contractor.

Kitzee ratings are based on detailed information in the following categories:

Average Rating
Reviewers describe their experience with a company listed on Kitzee and provide rankings for certain criteria in addition to a verbal project description. The scores from all of the reviews that a company has received are used to calculate their Average Rating, which is then factored into their overall score.
Recentness
The latest reviews on a company profile provide important up-to-date information about the quality of a company’s recent work. The recentness of a company’s reviews are weighted in our score to inform homeowners that the quality of its reviews are based current company performance.
Reputation
A company’s score will be negatively impacted as Kitzee becomes aware of unscrupulous or illegal activities or attempts to tamper with reviews. If there are any serious allegations or ongoing investigations we might highlight such problems on the company profiles to make home owners aware of potential issues.
Responsiveness
Responsiveness is calculated based on two aspects: The speed of replying to home owner reviews on Kitzee and the responsiveness to home owner contact attempts on our platform. A higher responsiveness indicates to home owners how likely a company is to respond to their message after reaching out for more information.

The calculation model and weighing factors might change over time to reflect the relevance that is perceived by home owners when assigning projects to contractors.

Due to the nature of reviews, Kitzee scores reflect past performance and are not a guarantee of its reliability or performance in the future. Kitzee recommends that home owners consider our rating score in addition to all other available information they are able to obtain. Regardless of a rating score you should always check past projects yourself and use complete and correct legal documents when engaging a contractor.

Dispute Resolution

You and Kitzee agree that these Terms and Conditions affect the interpretation and enforcement of these provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between you and Kitzee, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Kitzee, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms.

By agreeing to these Terms, you agree to resolve any and all disputes with Kitzee as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Kitzee's support department at support@kitzee.agency. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Kitzee support department, and good faith negotiations will be a condition to either party initiating a lawsuit.
If the parties are unable to mutually agree upon a resolution, the parties agree to submit to the exclusive jurisdiction of the courts of Thailand and in accordance with the Section: Governing Law.
Survival: This Dispute Resolution section will survive any termination of your Account or the Website.
Reporting Agency: You and Kitzee acknowledge that Kitzee uses any third-party consumer reporting agency to perform background checks on Service Providers. You agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of these Terms or any aspect of your relationship with Kitzee will be resolved by court or other dispute resolution method that Kitzee or the third-party consumer reporting agency deems appropriate.

Governing Law

The Terms and the relationship between you and Kitzee will be governed in all respects by the laws of Thailand, without regard to its conflict of law provisions. To the maximum extent permitted by law, you agree that any claim or dispute you may have against Kitzee must be resolved by a court located in Bangkok except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Bangkok for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.

Disclaimers

Your use of the platform, services, or collective content is solely at your own risk. You acknowledge and agree that Kitzee does not have an obligation, but reserves the right for any reason, to (a) monitor or review user content; or (b) for any permissible purpose, conduct identity verification, background (including criminal background) or registered sex offender checks on any user, including but not limited to service providers and consumers. The platform is provided "As is," without warranty of any kind, either express or implied. Without limiting the foregoing, Kitzee and our affiliates and subsidiaries, and respective officers, directors, employees and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform or the pro services offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the platform, including without limitation all collective content. Kitzee makes no warranty that the platform or pro services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Kitzee assumes no responsibility and will not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. Kitzee will not be liable for any defamatory, offensive, or illegal conduct of any third-party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from Kitzee or through the platform, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users or users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any consumers, service providers, service professionals or service recipients. You understand that Kitzee does not make any attempt to verify the statements of users of the platform or to review or vet any pro services. Kitzee makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive pro services. Kitzee explicitly disclaims all liability for any act or omission of any users or third parties.

Kitzee may provide to service professionals phone numbers and/or other contact details that consumers provide in connection with a request. Such phone numbers and/or other contact details are not verified and Kitzee makes no representation or warranty as to their validity.

The information contained on the Website is provided for educational, comprehension, and general information purposes only and is not intended to be comprehensive nor to provide specific legal, constructional, or engineering advice or being considered as a substitute thereof. In no event shall Kitzee be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Website or the contents on the Website or your use of Services. Any use of Services and our feature is completely at your own risk. Nothing in the Website is provided for any specific purpose or at the request of any particular person. For the avoidance of doubt, we will not be liable for any loss or damage caused as a result of your doing, or not doing, anything as a result of viewing, reading or referring to the website or content or any part of it.

You understand that Kitzee is not herein engaged in rendering construction, design, architecture, legal, accounting, tax, medical, or other professional advice and services as the case maybe. As such, it should not be used as a substitute for consultation with experienced, professional and competent advisers in the respective fields of expertise.

Kitzee assumes no responsibility for errors or omissions in the contents of the Website, any inaccuracies, incompleteness of information, errors or omissions in respect to the content, or any information provided through the website. All information or feature on the Website is provided without warranty of any kind and should not be construed as legal, constructional, or engineering advice or substitute for consulting a qualified expert.

Other Disclaimer of Liability

Kitzee reserves the right to make additions, deletions, or modifications to the contents on the Website at any time without prior notice. Although exercising all features with utmost care Kitzee does not warrant that the Website is free of viruses or other harmful components. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

You understand that the technical processing and transmission of the Website may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices.
Kitzee assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Website.

External Links Disclaimer

The Website may contain links to external websites that are not provided or maintained by or in any way affiliated with Kitzee. You understand that Kitzee does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

Although we will do our best to provide constant and uninterrupted access to the Website, we do not warrant that the Website, system or the functions contained on the Website will be uninterrupted or error-free and that defects will be corrected. We accept no responsibility or liability for any unavailability, interruption or delay.
Even if Kitzee takes every precaution to ensure that the website is both current and accurate, errors can occur. Given the changing of information and knowledge, there may be delays, omissions or inaccuracies in the information contained on the Website.

Fair Use Disclaimer

To the extent permitted by law, Kitzee may use copyrighted material which has not always been specifically authorised by the copyright owner. Kitzee is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
Kitzee retains the exclusive copyright ownership of all materials furnished. No part or component of the Website or any of its elements may be duplicated or employed in any way without the explicit written consent of Kitzee. However, limited, non-commercial excerpts containing proper attribution and linkage to the source may be utilized in blogs, forums, or other websites.
You agree that the information may be used for your personal use only and may not be reproduced, copied, published, sold or redistributed, whether for free or for a fee, all copying, and distribution is forbidden without our prior written consent.
Kitzee believes this constitutes a fair use of any such copyrighted material as provided for in the Thailand Copyright Act B.E. 2537 [1994] or as amended from time to time.
If you wish to use copyrighted material from the Service for your own purposes that go beyond fair use, you must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the position of any other author, agency, institution, organization, including Kitzee.
Comments and reviews published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. Kitzee is not liable for any content published by users and reserves the right to delete any review or comment for any reason whatsoever.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform and collective content, your offering or providing pro services or requesting or receiving pro services through the platform, and any contact you have with other users of Kitzee or third parties, whether in person or online, remains with you. Neither Kitzee nor any other party involved in creating, producing, or delivering the platform will be liable whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Kitzee has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the platform, pro services or collective content; (f) any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or (g) your offering or providing pro services or requesting or receiving pro services through the platform.

In no event shall Kitzee, its associated companies, partners, or suppliers, parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees, be liable for any damages whatsoever arising out of or in connection with your access or use or inability to access or use the Website.
In the event that the Kitzee has responsibility towards users, in no event will the total, aggregate liability of Kitzee and our affiliates and subsidiaries, and respective officers, directors, employees and agents, arising from or relating to the terms, platform, pro services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any pro services or interactions with any other users exceed the total amount of fees actually paid to Kitzee during a intentionally selected subscription period by you hereunder, or the maximum amount of an Annual Advanced Subscription Plan available on our Website if no such payments have been made, as applicable.

Indemnification and Release

You agree to release, defend, indemnify, and hold Kitzee and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your use of the Website or interaction with any User; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Kitzee and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

General

Additional Terms: You understand that use of some parts or features of the Website may be subject to additional terms and conditions. By your use of such features, you agree that you are bound by such additional terms and conditions. Before you use a feature that is subject to additional terms and conditions, the User is always responsible for examining and reading the information in relation to products and services, agreements, and conditions specified for such products and services additionally.
Force Majeure: Other than payment obligations, neither Kitzee nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Kitzee may provide you with notices, including those regarding changes to the Terms,by email, regular mail, or postings on the Website. With your consent, Kitzee, Consumers, Service Providers, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Kitzee, Consumers, Service Providers, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@kitzee.agency with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Kitzee on the Website, will constitute the entire agreement between you and Kitzee concerning the Website or Services obtained through the Website. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
Inconsistency Wordings: In the event of any ambiguity or inconsistency between the English and Thai language versions of these Terms and Conditions, the Thai language version will control and prevail.
Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and Kitzee's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Website, please contact us by sending an email to support@kitzee.agency.

Successful projects start with Kitzee:

Customers get their home projects done right the first time with our trustworthy contractor reviews.

Companies grow their business with a strong reputation build by satisfied customers and excellent references.