Terms of Service

Version 2.0

These Terms of Service ("Terms") are an agreement between RenderFactor LLC, a Wyoming limited liability company operating as Fast Kitchen Design ("FKD," "we," "us"), and the business that uses our website, client portal, or design service ("you"). By creating an account, placing an order, or using the service, you accept these Terms on behalf of your business and confirm you have authority to do so.

Our Refund and Cancellation Policy and Privacy Policy form part of these Terms.

1. Who the service is for

The service is offered to businesses in the cabinet and kitchen trade: dealers, remodelers, builders, fabricators, designers, and similar professionals. It is not offered to consumers. You must be at least 18 and acting for a business.

2. What we do

FKD is a remote design service. From the measurements, catalogs, and instructions you submit, independent professional designers engaged by us produce kitchen and bath designs in 2020 Design Flex and deliver a package that may include the native .kit file, floor plans, elevations, an items list, renders, and a LiveSpace 3D walkthrough. The exact contents of a package are described in the portal at the time you order.

Delivery times are targets, not guarantees. Rooms submitted before the stated cutoff are normally delivered by 9 AM the next business day in the time zone shown in the portal. Complex, multi-room, or incomplete submissions may take longer. We will tell you when that is the case.

3. Accounts and workspaces

You are responsible for everyone you invite into your workspace, for keeping credentials secure, and for all activity under your account. Tell us promptly if you believe your account has been compromised. We may suspend an account that is being misused or that presents a security risk.

4. What you submit

You keep ownership of everything you submit: measurements, photos, sketches, floor plans, catalogs, and .kit files ("Your Materials"). You grant us a license to use Your Materials to perform the service, to store them, and to show them back to you in the portal.

You confirm that:

• you have the right to share Your Materials with us and to have us work on them;
• any manufacturer catalog or pricing data you upload is licensed to you, and you are entitled to have a designer working on your behalf use it for your projects;
• any personal information in Your Materials about your own clients (for example a homeowner's name or address) is provided with the authority you need, and you are responsible for how that information is collected and used in your business.

We use manufacturer catalogs you supply only on your projects. We do not share them with other customers.

5. Ordering, credits, and pricing

Per room. The service is priced per room. Each room you submit in a project is one design and uses one credit. Pricing and current promotions are shown in the portal and on the website; the price in effect when you submit a room is the price for that room.

Credits. Credits are bought in advance in packs and are stored value, not currency. Each pack shows its validity period at checkout; unused credits expire at the end of that period. Free credits included in a pack have the same validity as the pack. Credits have no cash value, are not transferable between workspaces, and cannot be exchanged for cash except as described in the Refund and Cancellation Policy.

Balances below zero. A credit is used when a room is submitted, and we may start or deliver work before your balance has been topped up. If your balance goes below zero, the amount owed is due on your next purchase, and we may pause new work until it is settled. Your right to use the deliverables for any unpaid room is conditional on payment (see section 8).

Payment. Payments are processed by Stripe on behalf of RenderFactor LLC. Charges appear on your statement as FAST KITCHEN DESIGN or FKD. Prices are in US dollars and exclude any applicable taxes. There are no contracts, minimums, or cancellation fees unless a separate written agreement says otherwise.

Price changes. We may change prices and pack contents at any time. Changes do not affect credits you have already bought or rooms you have already submitted.

6. Revisions and scope

Revisions are unlimited and included while the scope of a room stays the same. A material change in scope, such as a new layout, a different room, or a substantial change in the measurements or cabinet line, is a new design and uses a new credit. Revision requests should be made through the portal so both sides have the same record.

7. Your responsibility for the work

This section matters. Please read it.

We produce creative and presentation design work. We take care to be accurate, but a design produced remotely from information you supply cannot substitute for your own professional checks on site. Before you quote, order, fabricate, or install anything based on our deliverables, you are solely responsible for verifying:

• measurements and fit, including site conditions, out-of-square walls, ceiling heights, windows, doors, and clearances;
• sizing and compatibility of cabinets, appliances, fixtures, fillers, panels, hardware, and countertops with each other and with the space;
• product availability, SKUs, options, and pricing in the manufacturer catalog you use, and that the items list matches what you actually intend to order;
• plumbing, electrical, gas, venting, and appliance specifications, including manufacturer installation requirements;
• compliance with all applicable building codes, fire codes, accessibility requirements, permits, and local, state, and federal regulations in the location where the project will be built;
• suitability for the specific project and client, including structural, load, and safety considerations.

Our deliverables are not architectural, engineering, or construction documents, are not sealed or certified, and do not constitute professional advice about code compliance or structural matters. Renders and 3D walkthroughs are representative: colors, finishes, textures, lighting, and proportions may differ from the physical product.

Any order, fabrication, or installation you carry out based on our deliverables is your decision and your responsibility. Your recourse for a design that does not match what you submitted is revision or refund as set out in the Refund and Cancellation Policy.

8. Intellectual property

What we produce. The layouts, drawings, renders, and other original work our designers create for a room ("Deliverables") are owned by RenderFactor LLC when created. On payment in full for that room, we assign to you all of our rights in the Deliverables and you may use, modify, present, and distribute them for any purpose, including under your own brand and without crediting us. Until a room is paid for, you have a revocable, non-exclusive license to use the Deliverables for evaluation only.

What we do not transfer. The Deliverables incorporate content we do not own and cannot assign: manufacturer catalog data, product images, and pricing; the 2020 Design Flex software, its file formats, and its rendering and LiveSpace services; and any third-party fonts, textures, or models. Your use of that content is governed by your own licenses with those parties. We transfer only our own authorship.

Our tools. We keep ownership of our internal processes, templates, presets, rendering pipeline, training materials, and know-how. Nothing in these Terms gives you rights in them.

Portfolio. We may show Deliverables in our portfolio, website, and marketing, with client-identifying details (names, addresses, and your branding) removed, unless you opt out by emailing us. We will not name you or your client without permission.

Feedback. If you give us suggestions about the service, we may use them without obligation to you.

Trademarks. Fast Kitchen Design and RenderFactor are trademarks of RenderFactor LLC. 2020 Design, 2020 Design Flex, and LiveSpace are trademarks of Cyncly. We are an independent service and are not affiliated with or endorsed by Cyncly or any cabinet manufacturer.

9. Confidentiality

We treat Your Materials and Deliverables as confidential. We do not show one customer's projects to another and we do not contact your clients unless you ask us to. The independent designers and contractors who work on your projects are bound by written confidentiality obligations.

10. Acceptable use

You agree not to: use the service for anything unlawful; upload material you do not have the right to share; upload malicious code; attempt to access other workspaces or our systems without authorization; scrape, reverse engineer, or resell the service; or use the service to build a competing service.

11. Third-party services

The service relies on third parties, including Stripe (payments) and hosting and email providers. We are not responsible for outages, changes, or discontinuation of third-party services, though we will make reasonable efforts to keep the service running.

Design software. RenderFactor LLC is not a licensee of, and has no relationship with, Cyncly or any other design-software vendor. The designers who produce the Deliverables are independent professionals who obtain, pay for, and maintain their own design-software subscriptions, including 2020 Design Flex, and are solely responsible for complying with them. We do not hold, provide, share, or resell any design-software license. Your use of .kit files, manufacturer catalogs, LiveSpace links, and any other software-dependent content is governed by your own agreements with the relevant vendor.

12. Disclaimers

Except as expressly stated in these Terms, the service and Deliverables are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that Deliverables will meet any code, regulation, or third-party requirement.

13. Limitation of liability

To the fullest extent permitted by law:

• our total liability for all claims arising out of or related to a room, its Deliverables, or these Terms is limited to the amount you paid us for that room; and our total liability for all other claims is limited to the amount you paid us in the twelve months before the claim arose, or $100 if greater;
• we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost business, cost of substitute goods or services, cost of re-fabrication, re-ordering, or re-installation, or damage to property, even if we were told such damages were possible.

These limits apply to every theory of liability, including contract, tort, negligence, and strict liability. Some jurisdictions do not allow certain limitations, in which case these limits apply to the fullest extent allowed.

14. Indemnification

You will defend, indemnify, and hold harmless RenderFactor LLC and its members, managers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising from: Your Materials; your clients or end customers; any order, fabrication, or installation carried out based on the Deliverables; your breach of these Terms; or your violation of any law or third-party right, including any catalog or software license.

15. Term, suspension, and termination

These Terms apply while you have an account. You may close your account at any time; you keep every Deliverable you have paid for. We may suspend or terminate an account for breach of these Terms, non-payment, or misuse, on notice where practicable. Sections 7, 8, 9, 12, 13, 14, 16, and 17 survive termination.

16. Dispute resolution

Talk to us first. Most problems are fixed with a revision or a refund. Before starting any formal proceeding, email us at hello@fastkitchendesign.com with a description of the issue, and we will try to resolve it within 30 days.

Binding arbitration. Any dispute that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat of arbitration is Sheridan, Wyoming. Hearings may be held by video conference. Judgment on the award may be entered in any court with jurisdiction.

Individual claims only. Disputes are resolved on an individual basis. You and we each waive any right to bring or participate in a class action, collective action, or representative proceeding, and the arbitrator may not consolidate claims.

Jury waiver. To the extent a dispute proceeds in court, you and we each waive the right to a jury trial.

Exceptions. Either party may bring an individual claim in small claims court, or seek injunctive relief in court to protect intellectual property or confidential information. Any court proceeding will be brought in the state or federal courts located in Sheridan County, Wyoming, and you consent to their jurisdiction.

Opt-out. You may opt out of the arbitration and class-waiver provisions by emailing us within 30 days of first accepting these Terms, stating that you opt out. Opting out does not affect the rest of these Terms.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred.

17. Governing law

These Terms are governed by the laws of the State of Wyoming and the federal laws of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Communications

We send transactional emails about your account, projects, and billing. Those are part of the service. We send marketing emails only if you opt in, and every marketing email includes a way to unsubscribe. You can manage notifications in the portal.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 14 days' notice by email or in the portal before they take effect. The version in effect when you submit a room governs that room. Continued use of the service after the effective date means you accept the revised Terms.

20. General

These Terms, together with the policies they reference and any order details shown in the portal, are the entire agreement between us and replace any earlier terms. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor of our business. Neither party is liable for delay caused by events beyond its reasonable control. Notices to us go to the address below; notices to you go to your account email.

21. Contact

RenderFactor LLC, operating as Fast Kitchen Design
30 N Gould St #68054
Sheridan, WY 82801
United States
hello@fastkitchendesign.com · (213) 579-5500