Terms of Service and Privacy Policy

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE DISPUTES THROUGH A JUDGE OR JURY TRIAL, OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

These Terms of Service Agreement, along with all other policies, agreements, disclaimers, and disclosures incorporated herein or displayed on this website (collectively, the "Terms"), set forth a legally binding agreement between you and Alturas, Inc., dba Kitchen Services (the "Company", "we", "us" or "our"). These Terms govern your access to our website located at https://kitchen.services (the "Website") and any other websites owned and operated by the Company that link to these Terms, as well as the features and services made available or enabled via the Website (collectively, the "Services"). Please read these Terms carefully before using the Services. If you do not agree to follow and be bound by these Terms, you may not use the Services.

By using the Services, you agree to follow and be bound by these Terms, without limitation or qualification, and to abide by all applicable laws with regard to your access to and use of the Services. In addition, your ability to access the Services and display certain content through the Website may require you to accept additional terms and conditions as applicable to such content (the "Additional Terms"). When using any of the Services, you shall be subject to any rules or policies applicable to such access and use which may be posted or made available to you through the Services, including our Privacy Policy (collectively, the "Company Policies"). The Additional Terms and Company Policies are incorporated into and made a part of these Terms in full by this reference.

MODIFICATIONS AND CHANGES TO SERVICES

Company reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein at any time and without prior notice. We will notify you of any changes by posting the updated Terms on the Website and may also, in our sole discretion, send you a notification or otherwise notify you when you log into your account. Such modifications shall be effective immediately upon appearing on the Services. Therefore, you should check these Terms periodically for any changes. YOUR CONTINUED ACCESS TO THE WEBSITE AND USE OF THE SERVICES AFTER ANY SUCH MODIFICATION OR AMENDMENT INDICATES YOU ACCEPTANCE AND AGREEMENT TO ABIDE BY AND BE BOUND BY THE MODIFIED TERMS.

We reserve the right to modify or discontinue the Services with or without notice. From time to time, Services may not be available. We will not be liable if the Services are unavailable. Except as required by law, we undertake no obligation to update, amend, or clarify information on the Services.

USER ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old, fully able and competent to enter into and abide by the terms and conditions of these Terms to use the Services. If you are not 18 years of age you are not eligible to use the Services and may not submit any information to us. By accepting these Terms or using the Services, you represent and warrant that you are at least 18 years of age, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms. If you create a user account, you are responsible for maintaining the confidentiality of your account. We reserve the right to terminate or suspend the access of users for any violation of these Terms, including infringement and violation of the rights of others, non-payment or abuse of our systems.

LIMITED LICENSE GRANT

Subject to your compliance with these Terms, Company grants you a limited, personal, non-transferable, non-exclusive, non-assignable, and non-sublicensable license to access and use the Services, including the data, features, information, and any other content made available through the Website or enabled via the Services (collectively, "Content"), or obtained by or through RSS feeds, APIs, or other similar methods. You may access and display the Content for personal and non-commercial use, news reporting, or educational purposes provided that such copies display all copyright and other applicable notices and provided further that you do not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or opinion to the Company. You must provide proper attribution to Company or applicable third parties in connection with your use of the Content. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Company or our licensors, except for the licenses and rights expressly granted in these Terms.

USE OF SERVICES RESTRICTIONS

The Services or any portion thereof may not be reproduced, copied, duplicated, sold, visited or otherwise exploited for business or any commercial purpose without our express written consent. You agree not to use any software, device, or routine to interfere with the proper functioning of the Services. While using the Services, you may not:

• Transmit, stream or broadcast any images that are or use language that is unlawful, abusive, libelous, defamatory, profane, obscene, vulgar, threatening, pornographic, or indecent information of any kind;
• Transmit, stream or broadcast any message that encourages or incites acts that would constitute a criminal offense;
• Transmit any software, information, or other material that contains a virus, trojan horse, time bomb, worm or other harmful component; or
• Transmit or solicit any information, content, software, or other material that violates or infringes upon the rights of third parties.

USER ACKNOWLEDGEMENT AND USER CONTENT

You agree to, acknowledge, and represent that in using the Services: (a) you understand that the Content provided is intended to be used for informational purposes only, (b) you will comply with all laws and you will not perform any act that would place Company in violation of any law, and (c) you have the authority and capacity, to make the representations and be bound by the covenants herein.

You are, and shall remain, solely responsible for the content of any creative materials, submissions, images, drawings, photographs, articles, or any other information or communications (collectively "User Content") you transmit to us. User Content shall be and remain your property. You hereby grant to us the roy alty-free, perpetual, irrevocable, worldwide, transferrable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, distribute, assign, commercialize, sub-license, and display User Content, and to incorporate any User Content in other works in any form, media, or technology now known or later developed.

You represent and warrant that you are the owner of the Content and that your Content does not infringe or violate the intellectual property of any third party. We will not be required to treat any User Content as confidential, and we may use User Content in our business or for any other purpose without incurring any liability for royalties or any other consideration. Subject to existing laws, you waive any moral rights that you may have in any User Content.

THIRD PARTY SITES

We may provide links to websites maintained by others ("Third-Party Websites") that are not affiliated with us, that may be located in foreign countries, and that may be subject to different laws and legal requirements. We have not reviewed all of these Third-Party Websites and are not responsible for their content or their services. We have no responsibility or liability for these Third-Party Sites' independent policies and are not responsible for the privacy practices of such Third-Party Sites. You should submit all complaints and questions regarding these Third-Party Websites directly to the applicable third-party.

COPYRIGHT POLICY, MONITORING AND COMPLAINTS

We respect and expect you to respect copyright law. You agree to respect and comply with all copyright laws when accessing the Services. You agree that you shall be solely responsible for any infringement of third-party rights and for any violation of applicable law caused by any User Content that you provide to us. All Content made available through the Services including trademarks, text, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, source code, software, or any other digital media, is owned by Company or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. Any feedback you provide to us shall be deemed to be non-confidential. All trademarks, trade names, logos, and service marks (collectively, the "Marks") displayed on the Services are the property of their respective owners, us or our partners. You may not modify, create derivative works, copy, reproduce, publish, display, or in any other way exploit any content or material from the Services without express written permission from us and, if applicable, the respective copyright owner.

You agree that we have the right, but not the obligation, to monitor, edit, suspend, terminate, disclose, or remove at any time and for any reason, in our sole discretion, any content, material, and/or activity anywhere on the Services. Notwithstanding this right, we do not and cannot review all materials transmitted or submitted to the Services. If notified, we may investigate a claim that content transmitted or submitted to us is in violation of the Terms and, after such investigation, determine if the content should be removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Services, including any defamation, slander, libel, error, omission, falsehood, obscenity, pornography, or inaccuracy contained therein.

If you believe that your work is displayed on the Services in violation of your intellectual property rights, you may notify us by providing the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. sec. 512:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work(s) claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• Information to permit us to contact you, such as an address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to us via e-mail at legal@kitchen.services.

DISCLAIMERS AND WARRANTIES

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE ALWAYS AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE BASIS, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ERRORS WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SERVICE PROVIDERS ("COMPANY PARTIES") BE HELD LIABLE FOR ANY DAMAGES ARISING OR RESULTING FROM LOSS OF USE, DATA, OR PROFITS WHETHER DIRECT OR INDIRECT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR SERVICES, INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR ANY CONTENT PROVIDED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES, IN EACH CASE WHETHER OR NOT YOU, COMPANY OR ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE.

THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, ANY SERVICES AND/OR THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIED SERVICE IN QUESTION, OR ONE HUNDRED U.S. DOLLARS ($100.00) IF NO SUCH PAYMENTS HAVE BEEN MADE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. AS SUCH, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY HEREIN WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW; PROVIDED THAT ALL OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT.

FORCE MAJOURE

We will not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, governmental actions, war, terrorist threats or acts, civil unrest, national emergency, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting vendors or suppliers, inability to obtain or delay in obtaining supplies, breakdown of materials or telecommunications, or power outage.

INDEMNIFICATION AND RELEASE

You agree to release, indemnify, defend, and hold Company and our affiliates and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the "Company Parties") harmless from and against any and all lawsuits, claims, allegations, demands, causes of action, investigations and proceedings including any and all liability, damages, costs, expenses, attorneys' fees, settlements, fines, penalties and losses resulting from any of the foregoing arising out of or in connection with: (a) your violation or breach of these Terms; (b) your use of the Services; (c) your violation of any rights of any third party; or (d) any claim relating to your User Content. This indemnification obligation will survive after you stop using the Services.

YOU HEREBY RELEASE EACH OF THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN CONNECTION WITH YOUR USER CONTENT, INCLUDING ANY LIABILITY RELATING TO THE COMPANY PARTIES' USE OF USER CONTENT, CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, EMOTIONAL DISTRESS, AND/OR ECONOMIC LOSS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

GOVERNING LAW

These Terms and the relationship between you and Company in relation to your use of the Services shall be governed in all respects in accordance with the laws of the State of California, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

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

Any dispute relating to the Services shall be submitted to arbitration in Los Angeles, California, except that, to the extent you have in any manner violated our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration shall be conducted under the of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator with expertise in the subject matter of the dispute. Each party shall pay for and bear its own costs and legal fees, costs, and expenses.

Arbitration expenses shall be borne by the prevailing party or as appropriately allocated between the parties by the arbitrator. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. All testimony, evidence, ruling, and documentation regarding any arbitration shall be considered confidential and neither party may use, disclose, or divulge any confidential information unless required by law.

To the fullest extent permitted by law, no arbitration under these Terms shall be joined to another arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person's claims, and may not otherwise preside over any form of a representative or class proceeding.

ARTIFICIAL INTELLIGENCE AND ESTIMATES

You agree and acknowledge that all interactions with our Artificial Intelligence (AI) customer support agents are for informational purposes only. AI-generated responses and recommendations do not constitute a binding professional diagnosis. You should always consult with and get help from a professional, licensed technician. Any quote or estimate provided online or via our Artificial Intelligence (AI) customer support agents are non-binding The final binding price is determined only after a physical on-site inspection by a Company technician.

COMMUNICATIONS AND SMS DISCLOSURE

By checking the un-ticked consent box on any of our Website forms and clicking on the Submit button, you agree to receive Phone, Email and SMS messages from Kitchen Services. Message and data rates may apply. Reply STOP to cancel.

PRIVACY POLICY

We respect your privacy. Please read our Privacy Policy which describes how we collect, use, and share the different types of information you provide to us when you use our Services. This Privacy Policy applies to use of the Services, and its provisions are incorporated into these Terms.

INFORMATION WE COLLECT

Voluntary Information: Name, company name, email, phone number, facility information, and mechanical equipment details provided via quote request forms, account registration, or AI agent interactions.

Automated Data: IP addresses and browsing behavior via cookies for functional and analytical purposes.

Third-Party Pixels: We utilize (or will soon utilize) tracking pixels such as the Meta/Facebook Pixel for retargeting and marketing purposes.

HOW WE USE YOUR DATA

We use your data to fulfill service requests, provide AI-driven support, and send email and SMS updates. We do not sell your personal data to third parties. Data is shared only with service providers (e.g., SMS gateways, AI processors) necessary to deliver our services.

PHONE, EMAIL AND SMS COMMUNICATIONS

By opting in, you consent to receive transactional and marketing phone calls, email messages and SMS from us. You may opt-out at any time by replying to STOP.

YOUR CALIFORNIA PRIVACY RIGHTS (CCPA/CPRA)

California residents have the right to request access to, deletion of, or correction of their personal data. To exercise these rights, contact us at legal@kitchen.services.

CONTACT

If you have any questions about these Terms please contact us by sending an email to legal@kitchen.services.