Welcome to ZynBit, a desktop application, website and service provided by ZynBit, collectively referred to as “ZynBit”, “we”, “our” and “us”.
Please read these Terms and Conditions of use carefully. Your use of our desktop application, website and service constitutes your acceptance and agreement to these Terms and Conditions. For the purposes of this agreement, our desktop application, website and the services provided will be referred to collectively as the ZynBit “Service” or “Services”. By your use of our Service, and thus your acceptance of the Terms and Conditions laid out in this agreement, you are identified as a “Customer” or “you”.
Customer agrees that ZynBit owns all intellectual property rights in and to the Service including but not limited to all software, scripts, programming and comparable materials used therein or related thereto (“Software”), trademarks, trade secrets, look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays, and any other proprietary rights associated therewith. Customer shall not copy, modify, reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software. Customer further agrees not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party for such third party’s benefit. ZynBit reserves all rights in the Service not expressly granted to Customer hereunder. ZynBit shall have a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, or other information provided by Customer relating to the Service.
Customers of ZynBit Partners are excluded from the following Fees and Payment section of this agreement. All other customers are bound by the following:
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ZYNBIT, NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES, (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “ZYNBIT PARTIES”), DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS 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.
Customer, at its expense, shall indemnify, defend and hold ZynBit and ZynBit parties harmless from and against any and all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to Customer’s use of the Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to Customer’s breach of any representations, warranties, or covenants in this Agreement.
WHEN PERMITTED BY LAW, NEITHER ZYNBIT, NOR ZYNBIT PARTIES, WILL 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 ZYNBIT OR ZYNBIT PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM.
IN ALL CASES, ZYNBIT, NOR ZYNBIT PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Your subscription to our Services will be effective as of the date the Customer first accesses or uses the Services and, unless sooner terminated as herein provided, will continue in perpetuity. ZynBit may discontinue providing the Services and terminate access at any time without notice and at its sole discretion. Customer may discontinue its use of the Services at any time without notice and its sole discretion.
You may terminate your subscription at any time by contacting ZynBit Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND ZYNBIT IS NOT RESPONSIBLE FOR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER.
ZynBit will delete any of your archived data within 30 days after the date of termination.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. All payment obligations accrued prior to the effective date of termination shall survive termination.
ZynBit and the Customer agree to work together in good faith to resolve any dispute regarding this Agreement internally and by escalating it to higher levels of management and optional mediation, prior to resorting to binding arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, that cannot be resolved by good faith negotiations shall be finally settled by binding arbitration conducted in the English language in North Carolina (USA), under the commercial arbitration rules of the American Arbitration Association (“AAA”). The prevailing party shall be entitled to an award of reasonable attorney fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator. The award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. Notwithstanding anything contained in this Section to the contrary, each party shall have the right to institute judicial proceedings against the other party or anyone acting by, through or under such other party, in order to enforce the instituting party’s rights hereunder through specific performance, injunction or similar equitable relief. This Agreement shall be interpreted, construed, and governed by the laws of the State of North Carolina, without regard to its conflict of law provisions.