Terms of Use
By using or uploading any information, data, code or other input (your “Content‘) to the zigmos.com web site (“Service“), a service of Odyssey Ltd. (“zigmos”), you (“you”, “your” or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Use“). IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. zigmos reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use.
Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account without notice. While zigmos prohibits such conduct and Content on the Service, you understand and agree that zigmos cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms:
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the confidentiality and security of your account and password. zigmos cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Privacy:
1. Any personal information you submit to the Service or zigmos will be treated by zigmos in the matter described in the Privacy Policy, located at https://www.zigmos.com/privacy-policy/ .
Payments and Refund Terms:
1. A valid credit card might be required.
2. The Service is non-refundable. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. zigmos will do whatever possible to get Apple to approve your application, we do not and cannot guarantee acceptance. If Apple denies your application you may cancel your account, however there are no refunds under any circumstances.
1. Certain aspects of the Service may be provided for a fee or other charge. If you use the paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, including those posted or linked at https://www.zigmos.com/pricing/.
2. In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide zigmos with notice of your intent not to renew your subscription at least five (5) days prior to the end of the then-current subscription term.
3. If your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits for your current subscription level, we will notify you by e-mail and you will be automatically upgraded to the next subscription level. If you continue to subscribe to the Service, then you will keep the same subscription level until you cancel the Service or are upgraded again (if applicable). In particular:
o If you have a monthly plan, and your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits in your current monthly plan, by the end of the current month you will be automatically upgraded to the next higher available monthly plan as posted at https://www.zigmos.com/pricing/
o If you are on an annual plan, and your use of the Service exceeds the specified maximum number of native app downloads or mobile web-site visits in your current annual plan, you will automatically and immediately be upgraded to the next higher available annual plan at posted at https://www.zigmos.com/pricing/
4. You are responsible for any additional payments required for an upgraded subscription level [on a retroactive basis to the beginning of your current billing cycle]. By way of example, if you have selected and are using the Basic monthly Service, and before the end of a month your use of the Service exceeds the maximum number of native app downloads, then before the end of that month, you will be automatically upgraded to the Business Service and charged the applicable fees for that current month.
Cancellation and Termination:
1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted at contact@zigmos.com. or by sending an email to contact@zigmos.com.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. zigmos, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other zigmos service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
4. zigmos reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices:
1. zigmos reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the zigmos website (www.zigmos.com).
3. zigmos shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. From time to time, zigmos may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although zigmos will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership:
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using zigmos.com to create your iPhone Application, you agree to allow others to view and share your Content.
2. zigmos does not pre-screen Content, but zigmos and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright Odyssey Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from zigmos.
4. By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.
5. You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or zigmos application.
6. zigmos respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide zigmos’s Copyright Agent at [physical address] or [email address] with the following information:
1. a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
2. a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
3. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;
4. a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.
Notice for California Users:
1. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
General Conditions:
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
2. Customer and Technical support is available through support@zigmos.com. as well as various links to “CHAT” and “HELP” located on various www.zigmos.com pages.
3. You understand that zigmos uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other zigmos service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by zigmos.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any zigmos customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
1. Transmissions over various networks;
2. Changes to conform and adapt to technical requirements of connecting networks or devices.
9. By using the Service, you expressly consent to us building your app on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
10. If your app is built using the zigmos provisioning file or published under the zigmos or zigmos brand, you agree that zigmos has the right to the following, with or without notice, at any time and for any reason:
1. Remove app from publication
2. Modify the description or other characteristics or features of your app
3. Publicize your app and your brand
11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. Zigmos disclaims any express or implied warranties and does not warrant that:
1. The Service will meet your specific requirements
2. The Service will be uninterrupted, timely, secure, or error-free
3. The results that may be obtained from the use of the Service will be accurate or reliable
4. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
5. Any errors in the Service will be corrected.
14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZIGMOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZIGMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE SERVICE
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
5. OR ANY OTHER MATTER RELATING TO THE SERVICE.
15. ZIGMOS’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF [NUMBER ($#)] DOLLARS OR THE AMOUNT OF FEES RECEIVED BY IBUILDAPP FROM THE COMPLAINING USER FOR THE USE OF THE SERVICE; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION.
THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT IBUILDAPP WOULD NOT ENTER INTO THIS TERMS OF USE OR MAKE THE ONLINE COURSE AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
16. You understand that any Apps created in the Service are created by your own volition and you therefore indemnify and hold harmless zigmos and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by the Service, or for claims related to or arising from your violation of this Terms of Use.
17. If any provision of these Terms of Use is found to be for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. zigmos shall have no liability under these Terms of Use to the extent arising from any failure of zigmos to perform any of its obligations due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within zigmos ’s reasonable control.
18. The failure of zigmos to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and zigmos and govern your use of the Service, superseding any prior agreements between you and zigmos (including, but not limited to, any prior versions of the Terms of Service).