Last Amended: January 4, 2022
These terms and conditions (“Terms”) are a legally binding agreement between Zesty Tech Ltd. (“Zesty,” “we,” “us,” or “our”), and our users who access to or otherwise interact with our website, available here.
BY ACCESSING, BROWSING OR OTHERWISE USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.
We reserve the right to change, modify, suspend, or discontinue any aspect of the Services, Content or website at any time without notice to you and without any liability to you whatsoever in connection therewith.
THE CONTENT IS INTENDED SOLELY FOR INFORMATIONAL AND BUSINESS PURPOSES. THE CONTENT IS NOT, NOR SHALL IT BE TAKEN AS PROFESSIONAL SERVICES OR ADVICE. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ANY ACTIONS TAKEN OR OMISSIONS BASED ON ANY CONTENT AVAILABLE ON OUR WEBSITE, WHICH ARE DONE AT YOUR OWN RESPONSIBILITY AND RISK.
By opening an account you hereby represent and warrant that you are solely responsible for all activities made under your account. Therefore, you will not disclose or transfer your account credentials to anyone else who is not authorized by you to access you account. Further, you agree to notify Zesty immediately of any unauthorized use or access to you account.
Zesty hereby grants you a worldwide, non-exclusive, non-transferable, non-sub-licensable license to access and use your account and any work derive therefrom, if applicable (e.g., reports, results, analytics, etc., collectively “Freemium Services Deliverables“) in compliance with these Terms and the Zesty Terms and Conditions. Zesty reserves the right to terminate or suspend your account subject to its own discretion when we are concerned that you had infringed these Terms or any other applicable regulation.
Zesty hereby grants you a worldwide, non-exclusive, non-transferable, non-sub-licensable license to access and use the Demo Session Services and any work derive therefrom, if applicable (e.g., reports, results, analytics, etc., collectively “Demo Session Services Deliverables“) in compliance with these Terms. Zesty reserves the right to revise or terminate the Demo Session Services from time to time subject to its own discretion.
You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child”, “minor” or any other similar term, in your jurisdiction and that you are not under the age of 13; and (iii) you will comply with all applicable regulation regarding you access to the website and use of our Services, including any intellectual property law.
You further represent and warrant to not, and to not authorize or encourage any third party to: (i) use the Services in non-compliant, unlawful, illegal, fraudulent, inappropriate, or unauthorized manner (including that which would infringe upon the rights of a third party) or that is in breach of applicable law; (ii) circumvent, disable or otherwise interfere with security-related features of the Services or prevent others from using the Services; (iii) copy, modify, or create a derivative work of the Services, in whole or in part; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Zesty Services, Content or website, in whole or in part; (v) remove, deface, obscure, or alter the Services including any copyright notices, trademarks, and other proprietary rights provided as part of the Services; (vi) create a database by systematically downloading and storing all or any Content; and (vii) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.).
The Services, including the Demo Session Services Deliverables and the Freemium Services Deliverables are exclusively owned by Zesty or by third party licensors (e.g., service providers). Except as explicitly provided herein, no license, right, title or interest in and to the Services including the Demo Session Services Deliverables and the Freemium Services Deliverables, shall be granted to you, and we or our partners reserve any and all rights, title and ownership in and to the Services including the Demo Session Services Deliverables and the Freemium Services Deliverables (“Zesty Intellectual Property“). You shall not use any of Zesty’s copyrights, trademarks, trade names, logo or other Zesty Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to our prior written consent.
Except as provided herein, the Services, including the Demo Session Services Deliverables and the Freemium Services Deliverables are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Zesty will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or omissions. We make no representation or warranties that the Services including the Demo Session Services Deliverables and the Freemium Services Deliverables, are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, Zesty does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of and interaction with the Services.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, ZESTY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “ZESTY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, MALFUNCTION, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ZESTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZESTY GROUP FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT OF TEN U.S DOLLARS ($10).
You agree to defend, indemnify and hold the Zesty Group harmless from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of and interaction with the Services including the Demo Session Services Deliverables and the Freemium Services Deliverables, that does not comply with these Terms, including your negligence and any wrongful act or rights’ infringement; and (ii) your breach of any applicable regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services, including the Demo Session Services Deliverables and the Freemium Services Deliverables.
You can terminate these Terms at any time by ceasing your use of the Services, including the Demo Session Services Deliverables and the Freemium Services Deliverables. We may terminate these Terms at any time, with or without cause, effective immediately.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA without giving rise to any conflict of law principals therein. You hereby agree to resolve any claim, dispute or controversy you have exclusively in the competent courts located in New York County, New York, USA.
These Terms constitute the entire agreement between you and Zesty with respect to the use of the Services. If any provision of these Terms is held to be unenforceable by competent courts, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of the remaining provisions hereof under all circumstances. Zesty’s failure to enforce any rights or to take actions against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Zesty. Your relationship with Zesty is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use or interaction with the Services following such amendments constitutes your acknowledgement and consent to be bound by the updated Terms.