1. WELCOME

 

Welcome to the ZapBG Terms of Service. These terms, combined with any other documents referred to in these terms (collectively, the “Terms”) set out the legal agreement between:

 

You, as the ZapBG user; and The ZapBG Ltd., a company incorporated and registered under the laws of England and Wales we company number 12066037 and registered address at International House, 12 Constance Street, London, United Kingdom, E16 2DQ below (or “we”, “our”, or “us”).

 

Please read through this document carefully to understand how your account and our services work. If you do not agree to these Terms, do not sign up for or use our services.

 

 

2. OUR SERVICE

 

ZapBG provides an online platform via www.ZapBGapp.com (the “ZapBG Website”) that grants you different types of licenses to use our design software, ZapBG products and products created by third-party content providers (the “Products”) sold and made available through our online platform (the “ZapBG Service”).

 

 

3. ACCOUNT CREATION AND ALIGIBILITY

 

In order to access the ZapBG Service you will need to create an account and verify your email address (your “ZapBG Account”). We recommend you use a strong password, with a combination of letters, numbers, and special characters, with your ZapBG Account.

 

You must meet the following criteria in order to create a ZapBG Account:

– You must be at least 18 years of age or older;

 

 

4. FEES

 

It’s free to open a Free Plan ZapBG Account with us. You have the option to upgrade to other plans at any time. To see pricing and what features are available under different plan options, see our Pricing page (https://www.ZapBGapp.com/pricing-recurring)

 

Our Fees are subject to change and we’ll notify you of any changes. If you continue to use the ZapBG Service, we’ll take this as an indication that you agree to any changes in fees. If you do not agree to any fee changes, do not continue to use the ZapBG Service.

 

All fees must be paid using Stripe. Subject to Section 17 fees are non-cancellable and non-refundable once paid. If you subscribe to monthly or annual billing with us, we’ll take payment from the payment method you register with us until you tell us you wish to cancel your use of the ZapBG Service.  

 

5. AFFILIATE PROGRAMME AND OTHER PROMOTIONS

 

We may, from time to time, offer promotions programs such as our Affiliate Programme. These programs are subject to separate terms.

 

6. SOCIAL MEDIA PAGES AND CHANNELS

 

Our Facebook & Instagram pages, Pinterest account, YouTube channel, Google+ accounts collectively, and any other social media platforms ZapBG uses (the “social media channels”) are social media locations for users to connect to and learn about us through information, pictures and video concerning initiatives and programs. Our goal is to provide content about our company which we believe is useful and interesting and foster an open and respectful dialogue relating to the specific issues and topics covered in our posts, tweets and other multi-media. We reserve all rights relating to the company’s social media channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of its social media channels at any time.

 

 

7. ZAPBG SERVICE LICENSING

 

We grant you a non-transferable, non-exclusive, revocable license to use the ZapBG Services for your personal and commercial use. If at any time we believe in our sole discretion that you are using the ZapBG Service beyond its scope, we can terminate your access to the ZapBG Service with no additional liability to you.

 

The rights granted to you in these Terms are subject to the following restrictions:

 

(a) you should not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the ZapBG Service;

 

(b) you should not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the ZapBG Service;

 

(c) you should not access the ZapBG Service in order to build a similar or competitive service; and

 

(d) except as expressly stated herein, no part of the ZapBG Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

 

All intellectual property rights in the ZapBG Service, and all content and logos are owned by or licensed to ZapBG. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the ZapBG Service, other than the rights granted in accordance with these Terms.

 

Your right to use the ZapBG Service is personal to you and you are not allowed to give this right to any other person. Your right to use the ZapBG Service does not stop us from giving other people the right to use the ZapBG Service.

 

 

8. USER CONTENT LICENSING

 

You may use the ZapBG Service to post certain content, such as information, data, images, documents, files, scripts, applications, electronic media, logos, text, webpage and any other file or data or similar material, to the ZapBG Website (the “Content”). You will always keep your rights to such Content, including intellectual property rights, when you post Content to the ZapBG Website.

 

By uploading any Content to the ZapBG Website, you affirm that:

 

(1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise ZapBG and other ZapBG users to use and distribute your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by us and these Terms;

 

(2) Your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of our services.

 

We have no obligation to remove, screen, edit, or monitor any Content. We may, in our absolute discretion, remove, screen, edit, or disable any Content at any time and for any reason without notice.

 

You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Content. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.

 

The compilation (meaning the collection, arrangement, and assembly) of all Content on the ZapBG Service is the exclusive property of ZapBG.

 

If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Glorfiy Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

 

i. a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;

 

ii. identification of the copyrighted work claimed to have been infringed;

 

iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

iv. Your contact information, including your address, telephone number and an email address;

 

v. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

 

vi. a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.

 

We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

 

While we are not obligated to review Content for copyright infringement, we are committed to protecting copyrights and expect users of the ZapBG Service to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

 

All the images and stock images are released under Creative Commons CO0 (Sites include as Pixabay, Unsplash, FreePik) protected by the copyright laws of United Kingdom but in case you find any image or stock image to be infringing the copyright of any third party or your copyright, you should immediately notify us at [email protected]. We shall look into the same and remove the content if it is found to be infringing upon your copyright.

 

 

9. PROHIBITED CONTENT

 

You are not allowed to post, host, display, upload, modify, publish, transmit, update or share any information or Content which:

 

(a) belongs to another person and to which You do not have any right;

 

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women”;

 

(c) is misleading in any way;

 

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

(e) harasses or advocates harassment of another person; 

 

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

 

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

 

(h) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

 

(i) promotes an illegal or unauthorised copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

(m) Contains video, photographs, or images of another person (with a minor or an adult).

 

(n) tries to gain unauthorised access or exceeds the scope of authorised access to the website or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

(o) interferes with another ZapBG user’s use and enjoyment of the website and enjoyment of similar services;

 

(p) Refers to any URL that, in Our sole discretion, contains material that is inappropriate for the website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

 

(q) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

 

(r) violates any law for the time being in force;

 

(s) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

 

10. RESTRICTIONS ON USE OF ZAPBG ACCOUNT

 

You must not use the ZapBG Service for any of the following:

 

– For any illegal purpose

– To burden or overload our infrastructure, facilitate any viruses, malware, malicious code or other form of IT attack or attempt to gain access to our systems and information;

– To interfere with the ZapBG Service in any manner;

– To copy or reproduce our content or services in any manner;

– To interfere with our third party providers in any manner;

– In any manner which would create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

– In any manner which would use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the ZapBG Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the ZapBG Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.

– In any manner to gain or attempt to gain unauthorised access to any portion or feature of the ZapBG Service, or any other systems or networks connected to the ZapBG Service or to any server, computer, network, or to any of the services offered on or through the ZapBG Service, by hacking, password “mining” or any other illegitimate means.

– In any manner to probe, scan or test the vulnerability of the ZapBG Service or any network connected to the ZapBG Service nor breach the security or authentication measures on the ZapBG Website or any network connected to the ZapBG Website. You may not reverse look-up, trace or seek to trace any information of any other ZapBG user or visitor to website, including any ZapBG Account not owned by You, to its source, or exploit the ZapBG Service or information made available or offered by or through the ZapBG Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.

– In any manner to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

– In any manner to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the ZapBG Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

 

11. THIRD PARTY INTEGRATION

 

By using the ZapBG Service you are also accessing third party integrations, such as third party APIs made available to you via the ZapBG Service. By using the ZapBG Service and utilising third party integrations, you agree to the terms of service of those third party integrations. We’ll let you know what third party integrations we make available to you here https://www.ZapBGapp.com/third-party-integrations

 

By using the ZapBG Service, you understand and accept that third party integrations may not always be available to you and are outside of the control of ZapBG. ZapBG cannot warrant that all third party integrations will be available at all times. Available third party integrations may change at any time.

 

 

12. INFORMATION ABOUT YOU

 

Keeping your personal data safe is important to us. How we handle your personal data is explained in our Privacy Policy (https://www.ZapBGapp.com/privacy).

 

 

13. ACCOUNT CLOSURE

 

You may close your ZapBG Account at any time and for any reason by contacting us.

 

 

14. ACCOUNT SUSPENSION AND TERMINATION BY ZAPBG

 

We may end or suspend your use of the ZapBG Service without notice to you, at any time, and with immediate effect in the following circumstances:

– Where you have provided us with false or misleading information;

– Where we determine, in our sole discretion, that your use of the ZapBG Account is detrimental or harmful to ZapBG in any manner;

– Where you have breached these Terms;

– Where we are required to do so to comply with a court order, law, regulation, regulatory decree or ombudsman’s orders;

– Where you have been declared bankrupt; and

– Where you have been declared deceased.

 

We may also terminate your ZapBG Account and your use of the ZapBG Service at any time by giving you 1 (one) months’ notice.

 

 

15. NOTICE COMMUNICATIONS

 

We’ll get in touch with you through the ZapBG Service or the email address you provide on your ZapBG Account. Please make sure to keep this updated with an email address you check regularly. Any communications will be made in English.

 

 

16. CUSTOMER SUPPORT

 

If you need any help or want to comment or make a complaint, please get in touch with us at [email protected]

 

 

17. REFUNDS

 

If you purchase a subscription to the ZapBG Service, you may request a refund within 14 days of purchase. If you use the ZapBG Service, to include registration and logging into the ZapBG Service, this right of refund will be forfeit.

 

 

18. INDEMNIFICATION

 

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your Content(iii) your activities in connection with obtaining any services from us, or (iv) any activity related to access to or use of your account by you or any other person.

 

 

19. AMENDMENTS TO THESE TERMS

 

We may make changes to our Terms and policies from time to time. Where possible, we will notify you at least 1 month in advance of the date of these changes. If you do not agree to the changes, you must stop using our services before the planned commencement date of the new changes. Continuing to use the ZapBG Service means that you accept our new changes. Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.

 

 

20. OUR RESPONSIBILITY TO YOU

 

The ZapBG Service allows you to access and use the ZapBG Service, and provides you with content and information that are owned or developed by third parties, or that operate on or are supported by third party networks. As we do not have any control over these services or products that you purchase, or content you view using the ZapBG Service, we are not responsible for them in any way.

 

While we do our best to ensure that the features and functionalities of the ZapBG Service are of a reasonably satisfactory standard and are available to you all of the time, certain features may rely on networks and connections that are beyond our control. Due to the nature of the Internet and technology, the ZapBG Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the ZapBG Service won’t be interrupted, or that you will not experience delays, failures or errors when using the ZapBG Service.

 

We also give no guarantee as to the fitness for purpose of the ZapBG Service for your specific needs. To the extent we are able to do so, we exclude any commitments that may be implied by law.

 

For any claim, our responsibility to you will be limited to any amounts you have paid us in the 12 months preceding your claim. If you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the ZapBG Service. 

 

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms.

 

 

21. YOUR RESPONSIBILITIES

 

You are responsible for complying with any and all laws, rules and regulations of your jurisdiction that may apply to you in connection with your use of the ZapBG Service.

 

 

22. GOVERNING LAW AND DISPUTE RESOLUTION

 

English law will apply to all disputes and the interpretation of these Terms. All disputes arising out of these Terms shall be resolved by binding arbitration provided by the London Court of International Arbitration. The seat of the arbitral tribunal shall be London. The number of arbitrators shall be one. The language of the arbitration shall be English.

 

 

23. MISCELLANEOUS

 

No third-party rights are created in these Terms. Only you, as the holder of the ZapBG Account will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Terms to someone else.

 

Where we do not enforce our rights under these Terms, we do not waive our rights. We may transfer or assign our rights under these Terms at any time.

 

Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.

 

 

24. REVIEWS, FEEDBACK, SUBMISSIONS: 

 

14.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. 

 

24.2. We are and shall be under no obligation (1) to maintain any feedback/Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

 

24.3. Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

 

25. Limitation of Liability

 

We exclude all liability for any breach of these Terms, including events where you may lose some or all of your content stored on the ZapBG Service. You are solely responsible for keeping copies of any content or work which you may store on the ZapBG Service.

 

 

26. Accessing Your ZapBG Account

In certain circumstances we may need to access your ZapBG Account, including but not limited to when a bank may request evidence that you used the ZapBG Service or made a purchase through the ZapBG Service. By accepting these terms, you grant consent for us to access your ZapBG Account.

27. Notification of Permanent System Outage

In the event of a permanent system outage due to technology redundancy or other uncontrollable circumstances, we will provide prompt notification to all affected customers via email, telephone, or other means deemed appropriate. 

28. Refunds for Unusable Services

 If a permanent system outage prevents customers from accessing services or products they have paid for, we will provide a refund for the remaining unused portion of their subscription or services. This refund will be prorated based on the remaining time left in their subscription or service. 

29. Alternative Solutions for Affected Customers

 If we are unable to restore our systems within a reasonable timeframe or provide an alternative solution, we will provide recommendations for other service providers or offer access to similar services through third-party vendors, where possible. 

30. Liability Limitation

In the event of a permanent system outage, our liability is limited to the amount paid by the customer for the affected service or product. We are not liable for any indirect, special, or consequential damages arising from the outage. 

By agreeing to these terms and conditions, customers acknowledge that they understand and accept the policies outlined above regarding permanent system outage due to technology redundancy or other uncontrollable circumstances. They also agree that our liability is limited as outlined in these terms and conditions.