Terms of Use of www.zappix.com

Welcome to the Zappix website. Zappix, Inc. («Zappix» or «we») offers an innovative solution for businesses that delivers visual and audio customer service solutions directly to an end user’s web browser. We further provide extensive analysis and reports regarding the end users’ experience with a Zappix experience (together, the «Services»).

This site is intended to provide you with information regarding the Services, as well as with the opportunity to try out our Services and join as a customer. These Terms of Use (the “Terms”) govern your relationship with Zappix and set forth the terms and conditions under which Zappix makes available its internet website https://www.zappix.com/ (the «Site») and the Services.

Please read these Terms carefully before using the Site or Services.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the «User» or «you») agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Site and related to User’s use of the Site and/or Services, each as amended by us from time to time. As long as you do not cease using this Site or the Services, you will be conclusively deemed to have accepted these Terms.

1. Provision of Services

Zappix’s Services are provided subject to our standard customers’ terms and conditions detailed in a commercial agreement signed on a case to case basis.

2. Intellectual Property

2.1. All the content, logos, trademarks, graphics, design, information, text, images, data and other material displayed, available or present on the Site, are the copyrighted and/or trademarked work of Zappix solely or Zappix’s affiliates, and may not be used without express written permission from us, other than for attribution. These rights apply to the information posted on the Site, computer code of the web site, graphical design, products, company names, etc.

2.2. We permit you to make copies of this Site as necessary incidental acts during your viewing of it; and you may take a print for your personal use as is reasonable for private purposes. All other use is strictly prohibited. Nothing in this policy shall be deemed to assign or transfer any rights to any of our intellectual property. You may not frame the Site without our express permission, nor may you modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the content presented on the Site in any manner.

3. Privacy Statement

Zappix is committed to your right to privacy. As a visitor of the Site, please make sure to review our Privacy Policy at our Site, which explains how Zappix handles information and data collected via the Site. If you choose to use or submit information to this Site, you agree to the use of such data in accordance with our Privacy Policy.

4. Warranty Disclaimers

4.1. The information contained in this Site, and any initial report concerning your website which was sent to you as a user, rather than an existing customer of the Services — is not comprehensive. Despite our efforts, it may not be accurate, complete or applicable to the end user base of a particular website. We cannot accept any liability for any inaccuracies or omissions in this Site and any decisions you make based on information contained in this Site are your sole responsibility. The materials and Services available on this Site may be out of date and Zappix makes no commitment to update the materials and Services available on this Site.

4.2. The User acknowledges and agrees that the Site and/or Service are provided “as is,” “as available,” and “with all faults,” are used only at the user’s sole risk, to the fullest extent permissible by law. The information and all other materials on the Site and/or the Services are provided for general information purposes only and do not constitute professional advice. Zappix disclaims all warranties, express or implied, of any kind, regarding the Site (and its content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

5. Limitations on Liability

Zappix’s entire liability and your exclusive remedy with respect to any dispute with Zappix regarding your use of the Site are to discontinue your use. Zappix and its affiliates, or their respective directors, officers, employees, servants or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of the Site for any other claim related in any way to your use or registration with the Site or any initial report provided to a user as a part of the Services. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, or any other commercial damages or losses, even if Zappix had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Zappix’s liability shall be limited to the maximal extent permitted by law. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Zappix would not be able to offer open access to the Site. If Users use of the materials, information or Services from the Site results in the need for servicing, repair of correction of equipment or data of the User, you assume all costs thereof.

 6. Restrictions

In connection with your use of the Services, and without limiting any of the other obligations under these Terms, a customer agreement or applicable law, User shall not, and shall not permit others to:

6.1. Use the Site and/or Services for any purpose other than those expressly set forth in these Terms;

6.2. Modify the Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the Services, servers or networks connected to the Site or the Service, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;

6.3. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Services;

6.4. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto;

6.5. Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to Zappix or the Services;

6.6 Allow any access to or use of the Services by anyone other than your authorized users;

6.7 Make any agreements, covenants, representations, warranties or guarantees concerning Zappix or the Services that are inconsistent with or in addition to those contained in these Terms.

7. Links to Third-Party websites and Mobile Applications

7.1. Links on the Site to third-party websites and/or applications are provided solely as a convenience to you. If you use these links, you will leave the Site.

7.2. Zappix has not reviewed all of these third-party sites and does not control and is not responsible and/or liable for any of these sites or their content. Thus, Zappix does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk and Zappix assumes no liability for such use.

8. Site and/or App Availability

Zappix shall not be responsible for any disruption to the Site, regardless of length. Zappix will not be liable for losses related to User’s inability to access content due to disruptions of the Site. Zappix shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of Zappix.

9. Indemnification

You agree to indemnify Zappix and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site, Services or information obtained through use of the Site and/or your breach of these Terms. Zappix reserves the right to assume the exclusive control of any such defense of any such Claim.

10. Local Legislations

Zappix makes no representation that the content, the information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The User understands and agrees that, in addition to money damages, Zappix shall be entitled to equitable relief where appropriate upon User’s breach of any portion of these Terms.

11. Miscellaneous

11.1. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

11.2. Assignment. Zappix may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

11.3. Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the United States of America. You agree that all such disputes shall be brought exclusively in the appropriate courts of Massachusetts, USA.