Terms and Conditions
Welcome to Zing!
Zing is owned and operated by Zing Apps LLC. These are the Terms and Conditions for:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Zing. By using Zing, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must stop using Zing's services and leave the websites and platforms immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the relevant websites and platforms. You agree to be bound by any modification to this agreement when you use the Zing services after any such modification is posted; it is therefore important that you review this agreement regularly. Zing may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right of access to the platforms and websites is revoked in those jurisdictions.
You may use the services only if you can form a binding contract with Zing, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of platforms and services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platforms and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child. Children under 13 can use the websites and applications we build for our customers. It is the responsibility of our customers to determine the age of their users.
By using the platforms and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
Zing is owned and operated by Zing LLC. Zing offers the following services:
- Website Design and Development
- Website Hosting, Maintenance, Updates
- Mobile App Design and Development
- Mobile App Hosting, Maintenance, Updates
- Marketing Services
- Design and Development of Electronic Forms, including payment
- Hosting of Electronic forms, Maintenance, Updates
- Temperature Tracking Web App
When a client hires our services, we send our client a formal agreement to be signed online through Adobe Sign or the client can send us a scanned copy back with the signed agreement.
Zing reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) at any time and from time to time, with or without notice, which may add, modify and/or remove application features. These updates may be automatically removed with little or no notice, although Zing will make every effort to notify you in advance of an upcoming update, including details of what the update includes. Zing shall not be liable to You or any third party for any modification, suspension or discontinuance of the Service.
For more information about Zing’s services, please contact us at email@example.com. Our team will be attentive and available to answer your questions and concerns.
If you register as a user, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Zing. Zing will not be liable for any loss or damage arising from your failure to comply with this agreement.
You may control your user profile and how you interact with the service by changing the settings in your account. By providing Zing with your email address, you consent to our use of such email address to send you notices regarding the services. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them by sending us your request at firstname.lastname@example.org. Opting out may prevent you from receiving emails about updates, upgrades or offers.
5. ACCOUNT DELETION AND TERMINATION
Users may cancel their accounts for any reason by sending us a 30-day notice via email to email@example.com. The email must come directly from the account holder or an authorized administrator. Such termination will result in the deletion of the account and any payment plan or service with Zing, as well as the deletion of all personal and company data granted to Zing. Any other agreement with Zing must be terminated in accordance with that agreement.
Zing reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Zing believes that you have breached any of these terms, furnished Zing with false or misleading information, or interfered with use of the platform or the service by others.
Users may pay for services through invoices sent to the user's email address in each billing period. Payments can be made by credit card, ACH or checks.
Services may include automatic recurring payments, which may be paid as follows:
- Monthly by credit card (auto billing)
- Annually by credit card, ACH or check
By using Zing's services, you authorize Zing to renew recurring services each month and to charge you periodically and progressively each month on the first day of each month. Your bill will be charged automatically by your chosen payment method on the first day of each month. Recurring services will continue until you cancel your services or we terminate them
When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide. Your payment information will be treated and safeguarded securely and for the sole purpose of processing payments for services. Zing reserves the right to contract any payment platform available in the market, which treats your data with the exclusive purpose of processing the purchase of the services or using any payment method available in the financial market.
Failure to process payments for any reason through the selected payment methods when attempting to bill and collect services on each billing date will result in suspension of services and account if payment is not made within 30 days of the billing date.
You must cancel your plan 30 days prior to your plan’s renewal date to avoid billing your account on the next billing date. Services will automatically renew for an additional period unless you cancel your plan 30 days before the next billing date. Canceled plans and services will immediately lose access to payment features.
7. REFUND & CHARGEBACK POLICY
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
However, Zing offers a refund in the instance that we are not able to get your application approved by a mobile platform provider. We will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account and we will offer You a refund.
Zing has a zero tolerance policy for chargebacks. If we record a decline, rejection or chargeback on any Zing App fees, your account may be suspended or terminated. Your account will be unsuspended and your use of the service will resume once you agree to settle your bill and pay any applicable fees in full, including any fees and expenses incurred by Zing and/or any third party services for each chargeback received.
If you have questions regarding the charges made to your account, please notify us right away. In the event that you were charged wrongfully, we shall take action and credit you for the correct amount.
8. LICENSE TO USE THE PLATFORM
Zing gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Zing as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Zing, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platforms and services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of Zing or third parties.
Zing reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Zing believes that you have violated any of these terms or interfered with the use of the platforms or services by others.
Zing will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the services and platforms offered by Zing. By using the services and platforms offered by Zing, you accept personal responsibility for the results of your actions using the services and platforms. You agree to assume full responsibility for any damages you suffer as a result of using the services and platforms provided by Zing. Your use of the services and platforms provided by Zing is at your own risk and responsibility. Zing does not accept claims from third parties for the use or misuse of the platforms and services by our users.
10. INFORMATION CONFIDENTIALITY
Zing agrees that information disclosed by users in connection with the provision of services shall be considered "confidential information". Users' confidential Information shall be treated solely for the purpose of fulfilling the contracted services and shall not be shared or disclosed under any circumstances. Zing agrees to keep users' confidential information confidential and, except as otherwise provided in this agreement, not to disclose such information to third parties without the prior written consent of users. Zing shall take reasonable precautions to prevent any unauthorized disclosure, publication, dissemination or use of users' confidential information.
All content included on this website and platform, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Zing, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Zing and protected by international copyright laws. All software used on this site is the property of Zing or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website and platform in any way without our prior written approval, or stated otherwise on our site. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website and platform, you do not own any rights or titles to our content or other intellectual properties.
12. COPYRIGHT COMPLAINTS
Zing respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with Zing infringes your copyright or other intellectual property rights, please submit the following information to firstname.lastname@example.org.
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Zing may find it on the Zing Site. Please note: it is not sufficient to merely provide a top-level
- Your name, address, telephone number and e-mail
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright
13. USER CONTENT
Certain features of the platforms and services may allow users to upload content, which may consist of messages, images, videos, text and others, and to publish that user content through the platforms and websites. The user retains any copyrights he may have on the user content he publishes through the platforms and websites. Zing is not responsible for the accuracy, safety or legality of user content published by the services on the platforms and websites. Users are solely and exclusively responsible for their content and the consequences of publishing their content through the platforms and websites.
14. USER CONTENT REPRESENTATIONS AND WARRANTIES
Zing disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the services. By providing user content via the services, you affirm, represent, and warrant that:
- You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Zing and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Zing, the service, and these terms.
- Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Zing to violate any law or
- Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
15. THIRD-PARTY MATERIALS
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
16. PROHIBITED ACTIVITIES
The content and information available on the websites and platforms (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Zing or licensed to Zing by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platforms. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Zing in connection with the
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any
- Download any content unless it’s expressly made available for download by
17. DISCLAIMER OF WARRANTIES
Zing will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services. Although we will do our best to provide the best possible results in the work entrusted to us by our clients, we do not guarantee these results, due to variables and factors beyond our control.
Because of the nature of the Internet, Zing provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Zing for any loss or damage caused as a result.
Zing will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Zing excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Zing and Zing shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Zing;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Zing.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
18. ZING AND THIRD PARTIES
Zing's websites and platforms contain content from third party licensors of Zing, which is protected by copyright, trademark, patent, trade secret and other laws. Zing owns and retains all right, title and interest in the content. Zing hereby grants you a limited, revocable, non- sublicensable license to transmit and/or view the content and any third-party content found on or available through the platforms or services (excluding any software code found there as set forth above) solely for your personal, non-commercial use in connection with your use of the services, websites and platforms.
Any dealings with third parties involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. Zing is not responsible for any part of any such dealings or promotions. Any reference to a third party or the products or services of a third party on Zing's platforms and websites does not constitute an endorsement or recommendation of that third party or the product or services of that third party by Zing or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the platforms or websites is provided to you for informational purposes only. Zing encourages you to conduct your own research and due diligence regarding such third parties and their products and services.
19. SECURITY COMPONENTS
You understand that Zing and software embodied within Zing may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Zing and/or content providers who provide content to Zing platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Zing.
20. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Zing for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Zing from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced
- Your violation of any law or the rights of a third
- Your use of the Zing platforms and
22. CHANGES AND TERMINATION
We may change the websites, platforms and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the websites, platforms and services constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users and are effective. In addition, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any notice.
23. PERSONAL DATA
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zing without restriction.
25. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation or validity of these Terms or your use of the Zing services shall be resolved by binding arbitration between you and Zing, except that each party retains the right to bring an individual action in the courts and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or potential infringement, misappropriation or violation of a party's copyright, trademark, trade secret, patent or other intellectual property rights.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
28. FINAL PROVISIONS
These terms are governed by the laws of the United States of America (State of California). Use of our services and platforms is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
29. CONTACT US
If you have questions or concerns about these terms, please contact us through our contact form or contact at:
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