Zaplead Terms of Use

Effective Date: August 26th, 2024

Welcome to Zaplead! These Terms of Use (“Terms”) govern your access to and use of our website, services, and products (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using Zaplead, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional guidelines, policies, or rules that may be posted in connection with specific sections of the website or Services.

2. Use of the Services

• Eligibility: You must be at least 18 years old to use our Services.

• License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal or internal business purposes, as per the subscription model purchased.

• Prohibited Conduct: You agree not to misuse the Services, including but not limited to engaging in illegal activities, distributing viruses, or infringing on intellectual property rights.

3. Account Registration

• Registration: You may need to create an account to use certain features of the Services. You must provide accurate and complete information during registration and keep your account information up-to-date.

• Security: You are responsible for maintaining the confidentiality of your account and password and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Payment and Subscriptions

• Fees: Some features of Zaplead may require payment. By selecting a paid service, you agree to pay the associated fees and any applicable taxes.

• Billing: Payments are processed through third-party payment processors. You agree to provide accurate and complete payment information.

• Subscription Models: Usage limits are determined by the subscription model purchased. The fair use policy applies to all users.

• Cancellation: You may cancel your subscription at any time, but refunds will not be provided for unused portions of the subscription period.

5. Intellectual Property

• Ownership: All content, features, and functionality (including but not limited to text, graphics, logos, and software) provided by Zaplead are the exclusive property of Block60 LLC.

• Trademarks: The Zaplead name, logo, and all related names and service marks are the property of Block360 LLC. You may not use them without our prior written permission.

6. User Content

• Responsibility: You are responsible for any content you upload, post, or share using the Services. You warrant that you own or have the right to use such content.

• License: By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with the Services.

7. Privacy Policy and CCPA Compliance

• Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which is available on our website. Please review the Privacy Policy carefully to understand how we collect, use, and protect your information.

• CCPA Compliance: If you are a California resident, you have specific rights regarding your personal information, as outlined in our Supplemental Statement for Privacy, which complies with the California Consumer Privacy Act (CCPA). This statement is also available on our website.

8. Termination

• Termination by You: You may stop using the Services at any time.

• Termination by Us: We reserve the right to suspend or terminate your access to the Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or the business.

9. Disclaimer of Warranties

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent.  Company may transfer and assign any of its rights and obligations under this Agreement without consent.  This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request. 

12. Contact Information

If you have any questions about these Terms, please contact us at contact@zaplead.ai