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Terms and Conditions for Zappo AI

Last updated October 24, 2024

Subject to these Terms of Service (this "Agreement"), Zappo AI ("zappo.ai", "we", "us", and/or "our") provides access to Zappo AI's cloud platform as a service (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

Zappo AI is a Software as a Service (SaaS) platform that allows users to generate user-generated content (UGC) videos using artificial intelligence. Customers using Zappo AI can create custom videos tailored specifically to their needs. These videos are intended to enhance customer engagement and streamline content creation processes. Users are responsible for the content they create and can adjust their videos as needed. We grant you full ownership of the generated content.

You can contact us by email at [email protected].

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Zappo AI, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you via [email protected], as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video (excluding Your Content), text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the Czech Republic and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Content Responsibility

You are solely responsible for all content that you create, generate, upload, publish, or otherwise make available through the Services, including any user-generated content (UGC) videos created using our AI technology ("Your Content"). By using the Services, you warrant that:

  1. Ownership and Rights: You own all rights, titles, and interests in and to Your Content or have the necessary licenses, rights, consents, and permissions to use and authorize Zappo AI to use Your Content in the manner contemplated by these Legal Terms.

  2. Compliance with Laws: Your Content does not violate any applicable laws, regulations, or third-party rights, including intellectual property, privacy, or publicity rights.

  3. Prohibited Content: Your Content is not unlawful, defamatory, obscene, infringing, or otherwise objectionable as determined by Zappo AI in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Zappo AI, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

  • Your Content;
  • Your use or misuse of the Services;
  • Your violation of these Legal Terms;
  • Any breach of your representations and warranties set forth herein;
  • Any violation of applicable laws or regulations by you; or
  • Any infringement of any intellectual property or other rights of any person or entity by Your Content.

No Liability for Your Content

Zappo AI does not monitor or review the content you generate using our Services. We are not liable for any content you create, generate, upload, publish, or distribute through the Services. You agree to hold Zappo AI harmless from any claims arising out of or related to Your Content.

3. User Representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update it as necessary;
  3. You have the legal capacity and agree to comply with these Legal Terms;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
  6. You will not use the Services for any illegal or unauthorized purpose; and
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We offer a variety of subscription plans. All purchases are non-refundable. It is your responsibility to cancel your subscription if you no longer wish to use the Services. By purchasing services from Zappo AI, you agree to our payment terms and conditions.

We use Stripe for all payment transactions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You authorize us to charge your chosen payment provider for any amounts upon placing your order. Prices may change at any time. All payments shall be in U.S. dollars.

By subscribing to and using Zappo AI's Services, you agree to the immediate commencement of the service and acknowledge that you waive any cooling-off rights or right of withdrawal that may apply. This means that once the service provision has begun, you cannot cancel the contract and request a refund.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. The length of your billing cycle is monthly unless otherwise specified.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  1. Systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Services.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  5. Use any information obtained from the Services to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Services in a manner inconsistent with any applicable laws or regulations.
  8. Engage in unauthorized framing of or linking to the Services.
  9. Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use the username of another user.
  13. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
  14. Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
  16. Attempt to bypass any measures designed to prevent or restrict access to the Services.
  17. Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
  18. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  19. Use a buying agent or purchasing agent to make purchases on the Services.
  20. Make any unauthorized use of the Services, including collecting usernames and/or email addresses for sending unsolicited email.
  21. Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.
  22. Sell or otherwise transfer your profile.

8. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Czech Republic. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from Czech laws, you consent to have your data transferred to and processed in the Czech Republic.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

We may terminate your use or participation in the Services or delete your account without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or any alias.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services.

11. Governing Law

These Legal Terms are governed by and interpreted following the laws of the Czech Republic, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Prague, Czech Republic, for the resolution of any disputes.

12. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute related to these Legal Terms ("Dispute"), you and Zappo AI agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or court proceedings.

Binding Arbitration

If informal negotiations fail, any Dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration Rules of the Czech Arbitration Court. The seat of arbitration shall be Prague, Czech Republic. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the Czech Republic.

Exceptions

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

  1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;
  2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  3. Any claim for injunctive relief.

13. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services is at your sole risk. We disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, arising from your use of the Services, even if we have been advised of the possibility of such damages.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising from:

  1. Your Content;
  2. Use of the Services;
  3. Breach of these Legal Terms;
  4. Any breach of your representations and warranties;
  5. Your violation of the rights of a third party; or
  6. Any harmful act toward any other user of the Services.

16. User Data

We will maintain certain data that you transmit to the Services for managing performance of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

17. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

18. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

19. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Email: [email protected]

Website: zappo.ai

By using Zappo AI's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.