Terms of Service

Last updated: August 27, 2025

1. Introduction

Welcome to UPKAIZEN (“Consultant” or “We”). This Terms of Service Agreement governs the relationship between UPKAIZEN and its clients (“Client” or “You”) in the provision of operations management and industrial engineering consulting services. By engaging our services, you agree to be bound by the terms and conditions described herein. By purchasing our products through third-party platforms, you accept both the terms of UPKAIZEN and those of the sales platform.

2. Acceptance of Terms

By entering into a contract with UPKAIZEN, you acknowledge that you have read, understood, and agreed to comply with the terms and conditions set forth in this agreement. Failure to comply with these terms may result in the termination of the consulting contract.

3. Services Offered

UPKAIZEN offers a wide range of consulting services designed to meet the unique needs of our clients. Our services include but are not limited to:

  • Consulting Sessions: In-depth discussions and analysis to identify improvement opportunities and optimize operational efficiency.
  • Fractional COO Services: Provision of experienced leadership at the COO level on a part-time basis to drive strategic initiatives and oversee daily operations.
  • Customized Training Programs: Development and delivery of personalized training modules designed to enhance organizational capabilities and foster continuous improvement.
  • Interim Management Services: Provision of temporary management support to address leadership gaps and facilitate smooth transitions during periods of change.
  • Online Courses and Digital Products: Sale of pre-recorded online courses, e-books, and other digital materials designed for self-paced learning.
4. Client Responsibilities

As a valued UPKAIZEN client, you are responsible for:

  • Providing accurate and timely information relevant to the consulting work.
  • Collaborating with our team to implement recommended solutions and achieve desired results.
  • Communicating openly and transparently about any challenges or concerns that may arise during the engagement.
5. Payment and Invoicing

Fees for the consulting services provided by UPKAIZEN are outlined in our service agreement and are based on the scope and duration of the contract. Billing cycles, payment methods, and invoicing procedures will be communicated to the client before the start of services. Payment terms are subject to negotiation and may vary depending on the nature of the contract.

6. Intellectual Property Rights

All intellectual property rights associated with the consulting services provided by UPKAIZEN, including proprietary methodologies, training materials, and deliverables, remain the exclusive property of the Consultant unless otherwise specified in writing. Clients are granted a limited, non-exclusive license to use such materials for internal purposes related to the consulting work only.

7. Confidentiality

UPKAIZEN is committed to maintaining the confidentiality of all proprietary information shared by our clients during the consulting engagement. We will not disclose or use such information for any purpose other than fulfilling our obligations under the agreement, unless authorized by the client or required by law.

8. Termination

Either party may terminate the consulting contract by providing written notice to the other party. In the event of termination, the client will be responsible for paying any fees or expenses incurred before the effective termination date. UPKAIZEN reserves the right to terminate the engagement immediately in the event of a material breach of the terms described in this agreement.

9. Limitation of Liability

To the maximum extent permitted by law, UPKAIZEN will not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of our consulting services, including but not limited to loss of profits, data, or business opportunities. Our liability under this agreement is limited to the fees paid by the client for the services rendered.

10. Dispute Resolution and Governing Law

Any dispute arising from or related to this agreement will be resolved through good faith negotiations between the parties. Should an amicable resolution not be reached, the parties agree to submit to the exclusive jurisdiction of the courts located in Estonia, and this agreement will be governed by the laws of the state of Estonia.

11. Modifications and Updates

UPKAIZEN reserves the right to modify or update this Terms of Service Agreement at any time without prior notice. Any changes to the agreement will be communicated to clients via email or through our website. Continued use of our consulting services after the effective date of the revised agreement constitutes acceptance of the updated terms and conditions.

12. Miscellaneous

This Terms of Service Agreement constitutes the entire agreement between UPKAIZEN and its clients and supersedes all prior agreements and understandings, whether oral or written. No modification, amendment, or waiver of any provision of this agreement will be effective unless made in writing and signed by both parties.

Online Courses and Digital Products

Please note: This policy applies exclusively to the cancellation of scheduled consulting services, not to the purchase of online courses or digital products.

1. Online Course Access

When you purchase an online course, you are granted a non-exclusive, non-transferable user license to access the course materials for a period of one (1) year from the date of purchase. After this period, access to the course may be renewed or terminated, according to the terms set forth in the product description or in future notifications.

2. License and Copyright

The content of the course (videos, texts, documents, etc.) is the property of UPKAIZEN. The reproduction, redistribution, or sale of these materials is not permitted under any circumstances.

Cancellation Policy
1. Cancellation by the Client

1.1 Notification: If you, the Client, need to cancel or reschedule a scheduled consulting session, training program, or other consulting service provided by UPKAIZEN, you must provide written notice to our team at least 48 hours prior to the scheduled start time of the session.

1.2 Fees: If a cancellation or rescheduling notice is received less than 48 hours before the scheduled start time, a cancellation fee may be applied. The amount of the cancellation fee will be determined based on the nature and duration of the scheduled service.

1.3 Exceptions: In cases of unforeseen emergencies or extenuating circumstances beyond the Client’s control, we understand that cancellations may be unavoidable. We will make every effort to accommodate such situations and may waive the cancellation fee at our discretion.

2. Cancellation by the Consulting Company

2.1 Unforeseen Circumstances: In exceptional cases where UPKAIZEN is unable to fulfill its obligations under the consulting agreement due to unforeseen circumstances, such as illness, technical issues, or other emergencies, we will notify the Client as soon as possible and will make every effort to reschedule the affected service at a mutually convenient time.

2.2 Refunds: If rescheduling is not feasible or if the Client prefers to cancel the service entirely, any fees paid for the canceled service will be refunded in full within a reasonable timeframe.

3. No-Show Policy

3.1 Definition: A “no-show” occurs when the Client fails to attend a scheduled consulting session, training program, or other consulting service without prior notification or explanation.

3.2 Fees: Clients who fail to attend a scheduled service without prior notice may be subject to a no-show fee equivalent to the full cost of the scheduled service.

4. Dispute Resolution

4.1 Resolution Process: In the event of a dispute over cancellation fees or charges, both parties agree to engage in good faith negotiations to resolve the issue amicably.

4.2 Arbitration: If a resolution cannot be reached through negotiation, the parties agree to submit the dispute to arbitration in accordance with the terms described in the main Terms of Service Agreement.

5. Changes to the Cancellation Policy

5.1 Updates: UPKAIZEN reserves the right to modify or update this Cancellation Policy at any time without prior notice. Any changes to the policy will be communicated to clients via email or through our website.

5.2 Acceptance: Continued engagement with our consulting services after the effective date of the revised Cancellation Policy constitutes acceptance of the updated terms and conditions.

Refund Policy

At UPKAIZEN, we are committed to providing high-quality services and products. If you are not satisfied, we offer the option to request a refund under the following conditions:

1. Refunds for Consulting Services
  • Eligibility: If you are dissatisfied with the consulting services provided, you can communicate your concerns to us in writing within 7 days from the completion of the service.
  • Request Process: To request a refund, please send an email to support@upkaizen.com detailing the reasons for your dissatisfaction. We will evaluate your case individually.
2. Refunds for Online Courses and Digital Products
  • Eligibility: You can request a full refund for an online course or digital product within 7 days from the date of purchase.
  • Condition: The request will only be processed if you have consumed no more than 20% of the total course content.
  • Request Process: Please send your refund request in writing to support@upkaizen.com.
3. General Refund Process
  • Evaluation: Our team will evaluate your request within a reasonable timeframe to determine eligibility and the appropriate refund amount.
  • Notification and Method: We will notify you of the outcome of your request, and if approved, the refund will be processed using the original payment method.
4. Dispute Resolution

4.1 Resolution Process: In the event of a dispute over refund eligibility or amount, both parties agree to engage in good faith negotiations to resolve the issue amicably.

4.2 Arbitration: If a resolution cannot be reached through negotiation, the parties agree to submit the dispute to arbitration in accordance with the terms described in the main Terms of Service Agreement.

5. Changes to the Refund Policy

5.1 Updates: UPKAIZEN reserves the right to modify or update this Refund Policy at any time without prior notice. Any changes to the policy will be communicated to clients via email or through our website.

5.2 Acceptance: Continued engagement with our consulting services after the effective date of the revised Refund Policy constitutes acceptance of the updated terms and conditions.