ZynBit Terms of Service

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”.

Intellectual Property

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.

Service Use

1. Use of the Service. The ZynBit Service consists of both free and subscription based Services. Subject to the Terms and Conditions of this Agreement, ZynBit grants to Customer a limited, worldwide, non-exclusive, non-transferable right (during the term of free or subscribed Services) to use the Service.
2. Access and Users; Groups. In order to download the ZynBit desktop application and/or use the ZynBit Service, Customer is required to register and activate a ZynBit account (“Account”). The Customer is responsible for managing access to its Account. Customer may permit its agents or service providers to access the Services through its Account, provided that Customer ensures that any person or entity using its Account comply with the terms of this Agreement, and that Customer remains responsible for any action taken using its Account.
3. Technical Support Services. For so long as Customer is current with its payment of the fees specified for subscription based Services, ZynBit will provide Customer with technical support services relating to the ZynBit Services by email and/or Chat from 9am-5pm Eastern Time, Monday through Friday, excluding U.S. holidays.
4. Use Restrictions. Customer may use the ZynBit Services solely for its own internal business operations or on behalf of Customer’s Clients. Customer may not resell ZynBit Services to third parties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, Customer will not, and will not permit or authorize third parties to: (a) rent, lease, or otherwise permit third parties to use the ZynBit Services; (b) use the ZynBit Services to provide services to third parties (e.g., as a service bureau); (c) circumvent or disable any security or other technological features or measures of the ZynBit Services, or (d) reverse engineer any element of the ZynBit Service, or use the ZynBit Services or any of ZynBit’s Confidential Information (as defined below) to create a product that competes with the ZynBit Services.
5. Compliance with Laws. Customer will use the ZynBit Services in compliance with all applicable laws and regulations and in a manner that does not infringe on the rights of any third party.
6. Protection Against Unauthorized Use. Customer will use reasonable efforts to prevent any unauthorized use of the ZynBit Services and immediately notify ZynBit in writing of any unauthorized use that comes to Customer’s attention. If there is unauthorized use by anyone who obtained access to the ZynBit Services directly or indirectly through Customer, Customer will take all steps reasonably necessary to terminate the unauthorized use. Customer will cooperate and assist with any actions taken by ZynBit to prevent or terminate unauthorized use of the ZynBit Services.
7. Right to Suspend Services. ZynBit may suspend Customer’s use of the ZynBit Services if ZynBit reasonably and in good faith believes such suspension is necessary to prevent unauthorized use of the ZynBit Services or to prevent an ongoing violation of any applicable laws or regulations. ZynBit will use commercially reasonable efforts to notify Customer prior to any such suspension and will only suspend the ZynBit Services to the extent necessary to prevent such unauthorized use or violation. In addition, if Customer fails to timely pay any fees in accordance with the terms of this Agreement, ZynBit may, without limitation to any of its other rights or remedies, suspend performance of the ZynBit Services until it receives all amounts due.
8. Reservation of Rights. ZynBit grants to Customer a limited right to use the ZynBit Services under this Agreement. Customer will not have any rights to the ZynBit Services except as expressly granted in this Agreement. ZynBit reserves to itself all rights to the ZynBit Services not expressly granted to Customer in accordance with this Agreement. Refer to the section on Intellectual Property for more details on ZynBit’s Intellectual Property Rights.

Fees and Payment

Customers of ZynBit Partners are excluded from the following Fees and Payment section of this agreement. All other customers are bound by the following:

1. Subscription Fees. ZynBit offers both a free and subscription based Service. If you choose to use Services other than ZynBit’s free offering, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the “Fee Schedule”).
2. Professional Service Fees. In addition to the ZynBit Service, ZynBit also offers Professional Services to assist Customers provisioning, deploying and/or configuring subscription based ZynBit Services. If selected by you, you will be billed separately. Any Professional Services purchased by you are subject to this agreement.
3. Discount. ZynBit may offer discounts for single and multi-year subscribers. Customers taking advantage of the discounts are subject to the same Terms and Conditions outlined in this Agreement.
4. Payment. Payment for Services will be made by a valid credit card processed via Stripe and accepted by ZynBit. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize ZynBit to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If ZynBit is for any reason unable to effect automatic payment via your credit card, ZynBit will attempt to notify you via email and your ZynBit account will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable.

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.

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.

Indemnification

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.

Limitations of Liability

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.

Term and Termination

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.

Dispute Resolution

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.

General

In addition to the Terms and Conditions contained within this Agreement, use of our Services also requires acceptance of our Privacy Policy (which also includes our Cookie Policy). For more information on this please refer to the respective document.

By accepting these Terms and Conditions, you also accept responsibility for posting your own Privacy and Cookie Policy covering the use of delivery of Cookies through our Service to your customers.