Effective Date: January 1, 2025
Last updated: January 1, 2025
These Terms of Service ("Terms", "Agreement") govern your access to and use of ZebraScale's website (zebrascale.com), software platform, mobile applications, and related services (collectively, the "Services") provided by ZebraScale ("ZebraScale", "we", "us", or "our").
By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
By using ZebraScale, you agree to be legally bound by these Terms of Service and consent to our collection and use of information as described in our Privacy Policy.
You must be at least 18 years old and possess the legal capacity to enter into a binding contract under applicable law to use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
By using ZebraScale, you represent and warrant that: (a) you meet the age requirements stated above; (b) you have not been previously suspended or removed from the Services; and (c) your use of the Services complies with all applicable laws and regulations, including but not limited to GDPR (EU), CCPA (California), and other data protection laws.
You must create an account to access certain Services.
Provide accurate and complete information during registration and keep it up to date.
Keep your login credentials secure. You are responsible for all activity under your account.
Notify us immediately if you suspect unauthorized use of your account.
You agree to use ZebraScale in accordance with:
Applicable laws and regulations
These Terms and our Acceptable Use Policy
No unauthorized copying, distribution, or misuse
Access to ZebraScale requires subscription fees as described on our Pricing page. By subscribing, you authorize us to charge your designated payment method for the applicable subscription fees on a recurring basis. You agree to provide current, complete, and accurate billing information.
Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. Cancellation must be made at least 24 hours before the renewal date to avoid charges for the next billing period.
We reserve the right to modify our fees at any time. If you are a Founding Member with locked-in pricing, your pricing will remain at $27/month for the lifetime of your active subscription. For all other users, we will provide at least 30 days' written notice before any fee increase takes effect.
All fees are exclusive of applicable taxes (including sales, use, VAT, GST, or similar taxes). You are responsible for all taxes associated with your purchase, except for taxes based on our net income.
Refund Policy: All payments are non-refundable except where required by applicable law. For trial periods, no charges are made if you cancel before the trial ends.
ZebraScale and all related content, including software, documentation, designs, logos, and trademarks, are owned by us or our licensors.
You may not copy, modify, distribute, sell, or create derivative works without prior written consent. All rights not expressly granted herein are reserved by ZebraScale and its licensors. Unauthorized use may result in termination of your account and legal action.
You retain ownership of content you create or upload, but you grant ZebraScale a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and process it to provide the Services, improve our AI capabilities, and ensure proper functionality.
This license exists only for the duration of your use of our Services and for necessary archival purposes. You represent and warrant that you own or have necessary rights to all content you provide.
You are responsible for the content you upload, record, or input. You represent and warrant that you have all necessary rights, permissions, and authorizations to share such content and that it does not violate any third-party rights or applicable laws.
Do not upload content that is: (a) unlawful, fraudulent, or deceptive; (b) defamatory, obscene, pornographic, or offensive; (c) infringing on intellectual property rights; (d) containing viruses or malicious code; (e) harassing, threatening, or promoting violence; or (f) otherwise harmful or objectionable.
We reserve the right, but are not obligated, to monitor, review, and remove content that violates these Terms or is otherwise objectionable. We may, in our sole discretion, refuse or remove any content at any time, for any reason, with or without notice.
Your use of ZebraScale is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. Our Privacy Policy describes our practices regarding data security, cookies, third-party services, and your rights under GDPR, CCPA, and other applicable privacy laws. By using our Services, you consent to our data practices as described in the Privacy Policy.
We may suspend or terminate your account immediately, with or without notice, for any reason, including but not limited to: (a) violations of these Terms; (b) fraudulent, abusive, or illegal activity; (c) extended periods of inactivity; (d) requests by law enforcement or government agencies; or (e) discontinuation of the Services. We are not liable for any loss or damage arising from such termination.
You may terminate your account at any time through your account settings or by contacting us at [email protected]. Upon termination by you, your subscription will remain active until the end of the current billing period, and no refunds will be provided for partial billing periods. You are responsible for exporting any data you wish to retain before termination.
Effect of Termination: Upon termination of your account by either party, you will immediately lose access to your account, and all content stored on ZebraScale may be permanently deleted after a 30-day grace period. Provisions of these Terms that by their nature should survive termination (including payment obligations, intellectual property rights, disclaimers, and limitations of liability) will continue to apply.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
We 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, title, and non-infringement. We make no warranty that the Services will meet your requirements or that your use will be uninterrupted, secure, or error-free. Any material downloaded or obtained through the Services is done at your own discretion and risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZEBRASCALE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (a) your access to or use of (or inability to access or use) the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED DOLLARS ($100 USD). This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless ZebraScale, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party, including any intellectual property rights; (d) your content or any content that is submitted via your account; or (e) your violation of any applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You and ZebraScale agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You agree to waive your right to a jury trial or to participate in a class action lawsuit or class-wide arbitration. For any Disputes not subject to arbitration, you and ZebraScale consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.
We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. If we make material changes, we will notify you by email (if you have provided one) or by posting a prominent notice on our website at least 30 days before the changes take effect. What constitutes a "material change" will be determined in our sole discretion. The "Last Updated" date at the top of these Terms will reflect when changes were made.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services and may terminate your account.
We'll notify you of significant changes to these Terms.
You agree NOT to use the Services to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, legal action, and reporting to law enforcement authorities. We reserve the right to investigate violations and cooperate with law enforcement agencies.
When you use our Services, you may provide us with personal data and business information. We act as a data processor for content you upload, and you remain the data controller. We process data only in accordance with your instructions, these Terms, and our Privacy Policy.
To exercise these rights, contact us at [email protected]. We will respond within 30 days (or as required by applicable law).
Your data may be transferred to and processed in countries other than your country of residence, including the United States. We ensure appropriate safeguards are in place for international transfers through Standard Contractual Clauses (SCCs), adequacy decisions, or other legally recognized transfer mechanisms as required by GDPR and other applicable laws.
We retain your data for as long as your account is active or as needed to provide Services. After account termination, we retain data for up to 30 days for backup and recovery purposes, then permanently delete it unless longer retention is required by law (e.g., tax, legal, or regulatory obligations).
Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by ZebraScale. We may also integrate with third-party services (such as payment processors, analytics providers, or cloud storage) to provide functionality.
We do not endorse, control, or assume responsibility for any third-party content, services, or privacy practices. Your interactions with third parties are governed by their own terms and privacy policies.
Accessing third-party services through our platform is at your own risk. We are not liable for any loss or damage arising from your use of third-party services.
We encourage you to review the terms of service and privacy policies of any third-party services you access through or in connection with our Services.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and ZebraScale concerning the Services and supersede all prior agreements and understandings.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision must be in writing and signed by an authorized representative of ZebraScale.
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
These Terms are written in English. Any translated versions are provided for convenience only. In case of conflicts between versions, the English version prevails. Section headings are for convenience only and do not affect interpretation.
Provisions that by their nature should survive termination will survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution, and these miscellaneous provisions.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We're here to help clarify any legal questions you may have.
We typically respond to legal inquiries within 2-3 business days
These Terms of Service constitute a legally binding agreement between you and ZebraScale. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.