Terms of Service
Terms of Service
BEFORE YOU USE THE SERVICE SUBJECT TO THESE TERMS OF SERVICE (THE “AGREEMENT”), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN ZINGFRONT, INC. (“OUR”, “US”, “WE”, THE “COMPANY” OR “ZINGFRONT”), AND YOU (“YOU”, “YOUR” OR “YOURSELF”) WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED CREATIVE ANALYTICS SERVICES. YOUR USE OF THE SERVICE (AS DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. BY USING THE SERVICES IN ANY MANNER (AS APPLICABLE) (I) YOU OR THE ENTITY THAT YOU REPRESENT (“YOU”, “YOUR”, OR “CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS OF SERVICE (TOGETHER WITH ANY ADDITIONAL TERMS ON SUCH ORDER FORM, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS, AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND CUSTOMER.
1. ZingFront Service
A. You are granted a nonexclusive right during the Term (as defined below) to use the ZingFront Service (the “Service”) subject to the terms, conditions and restrictions set forth in this Agreement and any other restrictions stipulated to you by us in writing.
B. You agree to pay for the Service in accordance with our service fees, as further set forth below.
2. Term and Termination
The term of this Agreement (the “Term”) shall commence as of the date you first register for, access or use of the Service, and shall continue until terminated as set forth below. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. You may terminate this Agreement at any time by notifying ZingFront that you wish to terminate your account. ZingFront may terminate this Agreement at any time, for any reason or no reason (including, without limitation, for your breach of this Agreement, violation of applicable law, or violation of card association rules or regulations). ZingFront shall have no obligation to maintain any content in your account or to forward any unread or unsaved files to you or any third party.
3. Modifications to Agreement or Service
ZingFront reserves the right to amend or modify this Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the Service, by sending you an email and/or by some other means. If you don’t agree with the amended or modified Agreement, you are free to reject it; but you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes. Except for changes to this Agreement made by ZingFront in accordance with this section, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and ZingFront.
ZingFront may change, suspend, or discontinue all or any part of the Service at any time, with or without reason (including, without limitation, for any nonpayment of any fees due hereunder). You acknowledge that the operation of the Service may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and ZingFront shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. ZingFront has no obligation to continue producing or releasing new versions of the Service.
4. Service Implementation, Registration and Payment Terms.
A. You agree to use the Service only through your website or software application that you own and control (the “Site”) and we reserve approval authority as to the implementation and use of the Service on the Site. We may suspend or rate limit the Service in the event we find any implementation issues with the Site. Such suspension or limitation shall remain in effect until you correct any issues specified by ZingFront and a suspension or rate limitation shall not relieve you of your payment obligations under the Agreement.
B.You agree to provide us with current, complete and accurate registration information as prompted by the Service registration process and to maintain and properly update such information (“Registration Data”). You authorize us to obtain credit reports or other background inquiries from time to time to assess your eligibility to continue use of the Service. You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are fully and solely responsible for all activities that occur under your account. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
C. By applying (the “Request a Free Trial”), you authorize ZingFront to charge you the currently posted fee for the plan you selected. The duration of your account and monthly charges for the Service will be at the rates set forth by the Service type and agreed upon by you during the applying process.
D. ZingFront team guarantee is a mark of excellence. Each and every product or service is guaranteed to be delivered to the high standard at which we conduct our business. ZingFront guarantee means you can buy and use our products and services in confidence.
If you are having technical difficulties please contact our support team before claiming a refund as they will be happy to solve any problems. The majority of the issues can be solved without the need for refund.
For new orders:
Orders are covered by our money back guarantee. You are entitled to a full refund on a new order if all of the following apply:
▪ You claim your refund within 3 days (72 hours) of your order date.
▪ Your subscription order has not been monthly- subscription type.
▪ Your account has not already been suspended for breach of our terms of service.
▪ You contact us through our system or email firstname.lastname@example.org stating your user name and the reason for your cancellation.
▪ You have not previously claimed a refund from us under this policy.
You agree that you must either cancel a service at anytime, or request cancelation in writing 2 days before your payment renewal date for your service. If your request for a cancellation is within 2 days of your payment renewal date and/or payment is made, no refund requests will be authorized. No refunds will be authorized after the payment renewal date.
All refund requests will be completed within 10 business days. Usually this is done within hours if requested during weekdays but payments may take up to 14 days to appear in your account depending on your bank, credit card or payment method used.
E. ZingFront is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Service, you hereby release ZingFront from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify ZingFront of any Fraudulent Actions which may affect the Service. ZingFront reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any other user or customer to engage in, Fraudulent Actions.
5. Service Use and Limitations.
A. We will make reasonable efforts to keep the Service operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will use reasonable efforts to provide at least 72 hours prior notice, but in no event fewer than 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
B. You represent, warrant and agree that you will only use the Service in compliance with all applicable laws and regulations, and that you will not use the Service to violate, infringe, or misappropriate any intellectual property or other proprietary right of any third party (including, without limitation, any rights of privacy or publicity).
6.Third Party Products
The Service may provide you with access to, contain links or references to, products, services, data, information, sites or other materials which are provided or operated by third parties (collectively, “Third Party Products”). Third Party Products are not under ZingFront’s control, and you acknowledge that ZingFront is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Products. Any provision by ZingFront of Third Party Products, and any exchange of data between you and any third-party provider of a Third Party Product, is solely between you and the applicable third-party provider.
7. Proprietary Rights
A. The Service contains content and technology of ZingFront that is protected by copyright, trademark, patent, trade secret and other laws. As between the parties, ZingFront owns all intellectual property and other proprietary rights to the Service, including but not limited to the design, artwork, logos, functionality, and documentation relating thereto (collectively, the “ZingFront Property”). You may not: (i) copy, modify, or reverse engineer any part of the Service or any ZingFront Property (except to the extent such restriction is prohibited by applicable law); (ii) rent, sell, lease, distribute, provide on a service bureau basis, or otherwise use the Service for the benefit of any third party; or (iii) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof. The names, logos or trademarks of any third party companies and products mentioned on the Service (including, without limitation, ZingFront Partners and Partner Sites) may be the trademarks of their respective owners.
B. Subject to the terms and conditions hereof, ZingFront hereby grants you a limited, revocable, nonsublicensable license to display the ZingFront Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Service or other uses which are expressly permitted by ZingFront in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo or other ZingFront Property (collectively, “Derivative Works”) are the sole property of ZingFront. No other rights are granted to you with respect to the ZingFront Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
C. Any text, images, or other audiovisual information posted on the Service by a user (collectively, “User Content”) shall belong to the user that posted such User Content. You may use any User Content posted by you in any other way without restriction. You may only use User Content posted by others in the ways described in this Agreement.
D. You agree that ZingFront may use your name and logo to identify you as a ZingFront customer on its website or in other sales or marketing materials (provided that ZingFront will not issue any press release regarding your use of the Service without your prior consent). In addition, you acknowledge that ZingFront may (i) internally use (but not disclose) information and data collected by ZingFront regarding your use of the Service to create Aggregated Anonymous Data (as defined below), and (ii) may freely use and make available Aggregated Anonymous Data. “Aggregated Anonymous Data” means merchant-level information and data that is in an aggregated, anonymized form, and which can in no way be specifically linked to you.
E. ZingFront reserves the right to remove any content (including, without limitation, User Content) from the service, at its sole discretion.
F. ZingFront respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to ZingFront’s copyright agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
ZingFront’s notice of claims of copyright or other intellectual property infringement can be reached by email email@example.com
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZINGFRONT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ZINGFRONT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER ZINGFRONT’S CONTROL (SUCH AS A THIRD PARTY SERVERS). ZINGFRONT MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZINGFRONT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ZingFront shall defend, indemnify and hold you harmless from any amounts paid or due to unaffiliated third parties (including reasonable attorney’s fees) which result from a third party claim that the Service infringes any Hongkong patent, copyright, or trademark, or misappropriates any trade secret, provided that you provide ZingFront with (a) prompt written notice of such claim, (b) the option to assume sole control over the defense and settlement of such claim, and (c) reasonable assistance in connection with such defense and settlement (at ZingFront’s expense). Without limiting the foregoing, ZingFront will not be responsible for any settlement it does not approve. The foregoing obligations do not apply with respect to the Service or portions or components thereof to the extent (i) not created by ZingFront, (ii) made in whole or in part in accordance to your specifications, (iii) modified after delivery by ZingFront, (iv) combined with other products, services, processes or materials where the alleged infringement relates to such combination, (v) where you continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where your use of the Service is not strictly in accordance with this Agreement. You will indemnify and hold ZingFront harmless from all damages, costs, settlements, attorneys’ fees and expenses arising from or related to the exclusions set forth in the preceding sentence.
10. Limitation of Liability
EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNTS IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID (OR PAYABLE) BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• ZingFront may assign these Terms of Service in whole or part at any time.
• Any notice required or permitted in this Agreement shall be sent via email (and shall be deemed to have been duly given upon receipt), (i) if to Company, at firstname.lastname@example.org, or (ii) if to you, at the email address that you provide when registering your account. Either party may update its email address for notice purposes via a notice delivered in accordance with this paragraph.
• Neither party may assign or transfer its rights or obligations under this Agreement without the other party’s prior written consent; provided that either party may assign or transfer all of its rights and obligations under this Agreement without such consent to a successor-in-interest to all or substantially all of such party’s assets, business or equity interests relating to this Agreement (whether effected by merger, acquisition, sale of assets, change of control, or otherwise). ZingFront may subcontract its obligations hereunder (provided that ZingFront shall at all times remain fully responsible for the performance of any subcontractor).
• This Agreement and the relationship between you and ZingFront shall be governed by the laws of Hongkong without regard to its conflict of law provisions. You and ZingFront agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hong kong.
• The provisions of this Agreement are intended for the benefit of, and are enforceable solely by, the parties hereto, and nothing in this Agreement shall be construed as giving any other person any right, remedy or claim under or in respect of this Agreement or any provision hereof.
• The parties shall be independent contractors under this Agreement, and nothing herein shall constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
• Any failure of ZingFront to enforce or exercise a right provided in these terms is not a waiver of that right.
• Should any provision of these terms be found invalid or unenforceable, such provision shall be limited or deleted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.