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ZOOMIFIER TERMS OF SERVICES
Last Updated : January 1, 2024
- Welcome to zoomifier
- Using our services
- Your end user account
- Privacy & copyright protection
- Your content in our services
- About software in our services
- Intellectual property rights in the services and feedback
- Modifying & terminating our services
- Billing, renewals, payments and taxes
- Our warranties and disclaimers
- Liability for our services
- Business uses of our services
- Term and termination
- Changes to these terms
- Changes to the services
- Governing law and jurisdiction
- Definitions
WELCOME TO ZOOMIFIER
Thank you for using our products and services (“Services”)! These Zoomifier Terms of Services describe your rights and responsibilities as a customer of our Services. The Services are provided by Zoomifier, a California Corporation. By using our Services, you are agreeing to these terms. Please read them carefully. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
USING OUR SERVICES
You must follow any policies made available to you within the Services.
The Services are not intended for, and should not be used by, anyone under the age of 16. You are responsible for ensuring that all the individuals you permit or invite to use Services are at least 16 years old.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that does not belong to Zoomifier. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
YOUR END USER ACCOUNT
You may need an End User Account in order to use some of our Services. You may create your own End User Account or your End User Account may be assigned to you by an administrator, such as your employer. If you are using an End User Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
PRIVACY & COPYRIGHT PROTECTION
Zoomifier’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Zoomifier can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
YOUR CONTENT IN OUR SERVICES
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Zoomifier (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, your customer may continue to access content shared with them on Zoomifier). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You can find more information about how Zoomifier uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
ABOUT SOFTWARE IN OUR SERVICES
When a Service requires or includes downloadable software, this software may update automatically on your device, once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Zoomifier gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Zoomifier as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Zoomifier, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES AND FEEDBACK
Services are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Our Technology (including the Services). From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms of Services limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.
MODIFYING & TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we will be sorry to see you go. Zoomifier may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
BILLING, RENEWALS, PAYMENTS AND TAXES
Except for No-Charge Services, all Services are offered on a monthly subscription basis.
Except as otherwise specified in your Order, unless either party cancels your subscription prior to expiration of the current Subscription Term, your subscription will automatically renew for another Subscription Term of a period equal to your initial Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Services or contacting our support team. Canceling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Services continuing to be offered and will be charged at the then-current rates.
You may add users or otherwise increase your use of Services by placing a new Order or modifying an existing Order. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Subscription Term.
You will pay all fees in accordance with each Order, by the due dates and in the currency specified in the Order. All amounts are non-refundable, non-cancelable and non-creditable. You agree that we may bill your credit card or other payment method for renewals, additional users, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.
Your fees under these Terms of Services exclude any taxes or duties payable in respect of the Services in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms of Services. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Zoomifier nor its suppliers or distributors make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific function of the Services, or their reliability, availability or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
LIABILITY FOR OUR SERVICES
When permitted by law, Zoomifier, and Zoomifier’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Zoomifier, and its suppliers and distributors, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again).
In all cases, Zoomifier, and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Zoomifier and its affiliates, officers, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys fees.
TERM AND TERMINATION
These Terms of Services are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.
Either party may terminate these Terms of Services at any time. Zoomifier will provide a minimum thirty (30) days advanced notice for the termination of Services. You will provide any notice of termination through the means we designate, which may include account settings in the Services or contacting our support team. Terminating these Terms of Services means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged.
Upon any expiration or termination of these Terms of Services, you must cease using all Services. You will not have access to Your Data (and we may delete all of Your Data unless legally prohibited) after expiration or termination of these Terms of Services (or its applicable Subscription Term), so you should make sure to export Your Data using the functionality of the Services during the applicable Subscription Term. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in these Terms of Services, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Services, by law or otherwise.
CHANGES TO THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notices of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
You must accept the modifications to continue using the No-Charge Services. If you object to the modifications, your exclusive remedy is to cease using the No-Charge Services.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Zoomifier and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
CHANGES TO THE SERVICES
You acknowledge that the Services are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Services. Subject to our obligation to provide Services under existing Orders, we can discontinue any Services, or any portion or feature of any Services for any reason at any time without liability to you.
GOVERNING LAW AND JURISDICTION
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Services or the Services. All claims arising out of or relating to these Terms of Services or the Services will be litigated exclusively in the federal or state courts of Alameda County, California, USA and you and Zoomifier consent to personal jurisdiction in those courts.
To contact Zoomifier, please email us at info@zoomifier.com.
DEFINITIONS
“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.
“Effective Date” means the date you first click “I agree” (or similar button or checkbox) or use or access Services, whichever is earlier.
“End User” means an individual you or an Affiliate permits or invites to use the Services.
“End User Account” means an account established by you or an End User to enable the End User to use or access Services.
“Feedback” means comments, questions, ideas, suggestions or other feedback relating to the Services.
“No-Charge Services” means Services offered to you by Zoomifier at no charge, including free accounts and trial use.
“Order” means Zoomifier’s applicable online order pages, in-product screens or other Zoomifier-approved ordering document describing the Services you are ordering from us and, as applicable, their permitted scope of use. As applicable, the Order will identify: (i) the Services, (ii) the number of End Users, Subscription Term, storage capacity or limits, or other scope of use parameters and (iii) (for paid Orders) the amount or rate you will be charged, the billing and renewal terms, applicable currency and form of payment. Orders may also include No-Charge Services.
“Our Deliverables” means any materials, deliverables, modifications, derivative works or developments that we provide in connection with any additional professional services and support.
“Our Technology” means the Services (including all No-Charge Services), Our Deliverables, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback.
“Subscription Term” means your permitted subscription period for Services as set forth in the applicable Order.
“Your Data” means any data, content, code, video, images or other materials of any type that you (including any of your End Users) submit to Services. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Data to or through the Services.
