Terms and Conditions
When You complete the secure PayPal online payment form, funds will be deducted from your credit card in US currency.
Selecting the monthly plan at $79/month will commit You to a monthly subscription. Each month your credit card will be billed $79 (non-refundable). You may cancel at any time by clicking on the ‘delete’ button in your communications portal. Zuzapp will remove your app from the iTunes and Google Play store and stop payment for the next month.
Selecting the annual plan will commit You to an annual subscription of $588 (or where discounts apply). Annual subscriptions are non-refundable. Your credit card will be charged the full annual amount which will give You access to the Zuzapp system for an entire year. In 12 months from the date of purchase your app will be auto-renewed and your credit card will be charged the same price as the previous subscription. If You do not wish to auto-renew at that time then simply go into your Communications Portal prior to the 12 month period and click on the ‘delete’ button. Zuzapp will remove your app from the iTunes and Google Play store and stop payment for the subsequent year.
Zuzapp gives businesses the ability to launch apps in a variety of languages. A multi-lingual app is priced at $49 /month for the first app and discounted at $20 /month for all subsequent apps in select languages. Multi-lingual apps are committed to an annual subscription. Annual subscriptions are non-refundable. Your credit card will be charged the full annual amount which will give You access to the Zuzapp system for an entire year. In 12 months from the date of purchase your app will be auto-renewed and your credit card will be charged the same price of the original purchase. If You do not wish to auto-renew at that time then simply go into your Communications Portal prior to the 12 month period and click on the ‘delete’ button. Zuzapp will remove your app from the iTunes and Google Play store and stop payment for the subsequent year.
Zuzapp Messaging Service is offered as a monthly subscription. Each month your credit card will be billed for the selected monthly subscription. Subscription cancellations require a one month notice period from day of cancellation. To cancel subscription, email firstname.lastname@example.org. Zuzapp will stop the next monthly billing period that You had selected and stop the service.
Apple recently changed its iTunes App Store regulations, which can affect some no-code app makers. The regulation says, “Apps created from a commercialized template or app generation service will be rejected.” The purpose is to eliminate clones and spam apps that can be quickly created, but it may have an effect on Apps of small businesses who have not differentiated their Apps enough. Apple doesn’t disclose which apps have been rejected or ejected from the App Store, so there’s no firm evidence that this will affect those using any specific app maker, but it may. This change came unexpectedly, and we understand the potential impact this may have on your business. We are actively investigating alternative solutions and will update you as soon as we have more information.
** Please Note that we no longer submit Apps to Apple App Store, iOS Apps distribution is now done through Apple Developer Enterprise Program for which Apple charges $299 annually.
The following Terms of Service (“Terms” or TOS) govern your access to and use of the services and Zuzapp's websites, app service and messenger service (the “Services” or “Program”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
If You are accepting on behalf of your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You do not have the legal authority to bind your employer or the applicable entity, please do not log in to the Program or use Zuzapp’s Services.
We reserve the right to change the TOS from time to time without notice by posting updated terms on Zuzapp’s Website. When we do, we will also revise the “last update” date of the TOS. Your continued use of any Service after such posting will constitute acceptance by You of such amendments.
YOUR ONLINE ACCEPTANCE OF THIS AGREEMENT AND LOGGING INTO THE PROGRAM WILL HAVE THE SAME LEGAL EFFECT AS IF YOU WERE PROVIDING A HANDWRITTEN SIGNATURE ACCEPTANCE.
1. The Program License
1.1 So long as You are in compliance with the Zuzapp TOS, Zuzapp grantsYou and You hereby accept a limited, non-exclusive, non-transferable and non-assignable license to use the Program in accordance with the terms and conditions of this Agreement throughout the term of this Agreement (the “License”).
1.2 You agree that in exchange for the License, that You will not:
(a) sublicense or otherwise distribute the Program created through your use of the Program;
(b) modify, disassemble, decompile, or reverse engineer or otherwise attempt to reconstruct or discover any source code, object code, database structures or underlying ideas or algorithms of the Program, module or configuration in any manner;
(c) copy the Program and will take reasonable care not to, or permit any third party to perform any act which would have the result of either (a) or (b) above;
(d) engage in action or omit to do anything that You know will cause harm to or hinder our systems or to the Program;
(e) alter, deface, remove, cover-up, or mutilate in any manner whatsoever any copyright or other proprietary notice which we may affix to the Program; or
(f) allow third parties or any other person other than You to use the Program (back-end interfaces).
1.3 You agree that your rights to use the Program are only as set out in this Agreement and the License does not transfer to You any title or ownership interest in or to the Program, any copies thereof, or App(s) built by You using the Program. You shall not copy, assign, lend, sell, lease or otherwise dispose of or transfer to any third party the Program without the prior written approval of us.
1.4 You agree that we may use the App(s) created using the Program for our own internal and third party marketing. The confidentiality of our customers are protected.
1.5 Zuzapp hereby grants to You a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to display the trade names, trademarks, service marks, logos, domain names of Zuzapp (each, a “Zuzapp Mark”) for the purpose of promoting or advertising that You use the Services. In return You hereby grant Zuzapp a limited, non-exclusive, non-transferable, non-sub-licensable license to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services. In using Zuzapp Marks, You may not: (i) use Zuzapp’s Marks to disparage Zuzapp or its products or services; or (ii) display a Zuzapp Mark on a site that violates any applicable law or regulation. Notwithstanding the above, Zuzapp may determine in its sole discretion that You may not use its marks in connection with one or more of its Services. Furthermore, we may modify any Zuzapp Marks at any time, and upon notice, You shall use only the modified Zuzapp Marks and not the old Zuzapp Marks.
1.6 You are responsible for your use of the Services, for any information or content You post to the Services, and for any consequences thereof. The Content You submit, post, or display will get transmitted through multiple technology providers and infrastructure systems. You should not be reliant on Zuzapp's Services for any critical text message or SMS communication. Zuzapp may need to store message content on its servers to facilitate the transmission of the messages to your devices. Text message content is not shared with any third party for any reason without your explicit consent.
You may use the Services only if You can form a binding contract with Zuzapp and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Zuzapp provides are always evolving and the form and nature of the Services that Zuzapp provides may change from time to time without prior notice to You. In addition, Zuzapp may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally and may not be able to provide You with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
2. Your Use of the Program
2.1 For the purposes of this Agreement, the term “Client Content” shall mean all production media, content, documentation, data, images, text, software, web pages, artwork, trademarks, tradenames, logos, sound, graphics, video, files and other material, however stored and/or encoded, that is supplied by You in connection with the use of the Program. You represent and warranty that You are the lawful owner or duly authorized licensee of all Client Content and have the legal authority to use the Client Content in the manner required to use the Program.
2.2 You represent and warrant that all Client Content is not offensive, obscene, defamatory, tortious, in violation of any human rights or equality laws, infringing on a third party's rights of any kind, or otherwise illegal under local, state, provincial, or federal laws of your jurisdiction and any international jurisdiction where your App is made available.
You further agree to hold us harmless and indemnify us against any claim, damages, complaint or any other liability arising from a third party that the Client Content infringes the rights, including intellectual property rights, of a third party. You further agree to comply with all laws including but not limited to those laws regarding: court ordered publication bans; restrictions on publishing, printing, distributing, possessing, selling, advocating, promoting or exposing, obscene or threatening material, child pornography, or hate propaganda (and You understand that these situations could generate criminal liability); restrictions on the use of trade-marks or trade names, or any work which is protected by copyright, trade secret, patent or other intellectual property laws, including without limitation, software; restrictions on the distribution and dissemination of any form of unsolicited commercial electronic messages (“SPAM”) such as email and text, restrictions on defamation, libel, harm to reputation, invasion of privacy, misuse or failure to protect personal information, violation of secrecy, confidentiality, unfair competition and other situations which could generate liability; and export and import restrictions.
2.3 We do not make any guarantees regarding the storage of any Client Content and require that You back-up and secure your Client Content where appropriate. Any access to Client Content through the Program shall cease upon termination of this Agreement or the cancellation of your account with us. We will not retain Client Content for more than one (1) month following the closure of your account or termination of this Agreement, whichever is sooner.
2.4 If Your use of the Program results in a breach of this Agreement or in our sole and absolute discretion may result in damage or disrepute to us or the Program, we may notify You of the breach or action causing concern and temporarily suspend your account. Should You be unable to unwilling to satisfy us that the concern has been dealt with or eliminated within five (5) days, we may terminate your account and any future access and/or this Agreement without further notice to You.
2.5 You agree that except for Client Content, You retain no ownership rights in and to the Services, App(s) and messages generated by the Program and that You waive all moral rights to copyright in the App(s) and messages generated by the Program.
2.6 In addition to our right to terminate or suspend Services to You as described above, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, hacking, system failures or other interruptions; and (ii) we shall also be entitled, without incurring any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to You or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that it is necessary or prudent to do so for legal or regulatory reasons ((a)-(c) collectively, “Service Suspensions”). Without limitation to Section 9, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide You notice of any Service Suspension in accordance with the notice provisions set forth in Section 10 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
3.1 Support for the Program will be provided via email@example.com. Support is provided for the duration of the subscriber license to the Program.
4. Fees & Payment
4.1 You agree to pay the fees set out on the Subscription Page. Subscription are for one (1) year or monthly. Youmay not access the Program without first providing payment. If any payments are disallowed, disputed, or returned, your access to the Program shall be suspended until payment is made in full.
4.2 Any disallowed or returned payments shall bear a service charge of $50.00 and will be charged interest of 19% per year.
4.3 Unused services related to the Program may not be transferred by You and any pre-paid subscription fees or deposits are totally non-refundable and not subject to set off for any reason.
4.4You are required to provide us with a functioning and valid email address to receive copies of accounts for subscription fees.
5. Account Set-Up
5.1 You are required to and represent and warrant that the information provided by You in subscribing to the Program is true and accurate in all material respects. You acknowledge that it is Your obligation advise us of any change in Your information, including the email address that You provide us when subscribing to the Program.
5.2 You will be provided with a unique user-id and password to access the Program. You shall not share this user-id and password with any other party and agree that if You do so, we may terminate Your Agreement with us and any account(s) without notice. You agree not to share or lend the unique user-id or password. From time to time, we may review Your use of the Program to determine Your compliance with this Agreement and You agree that You have no expectation of privacy in and to the User Content stored on our servers or in the Program and any and all data or communications that is transmitted to us or through the Program.
5.3 You agree to keep Your password and user-id information confidential and to notify us in the case of any suspected or actual loss or unauthorized disclosure or use of the user-id or password to any other party.
6.1 You acknowledge and agree that the Program remain the property of Zuzapp, provided however You remain the owner of any Client Content. Upon termination You have no rights to the Program.
6.2 The Program is a service being used by You at Your own risk. You agree that we do not owe You any duty of care or that we are liable to You for any loss, claim, complaint, damages, expenses, or costs of any kind whatsoever arising directly or indirectly from the termination of this Agreement, Your inability to access the Program for any reason, or our termination of Your access to the Program. Youagree to indemnify us against any and all Claims.
6.3 The Program may consist of software, graphic images, text, data or other materials, all of which are proprietary to us and our licensors and are protected by copyright, trade-mark and other intellectual property laws, whether under statute or common law. You shall not directly or indirectly use (other than in accordance with the terms of this Agreement), modify, copy, network, merge, transfer, reverse engineer, transfer or hyper-link to any part of the Program, nor may You use, reproduce or display any trade-marks associated with the Program. Other than as outlined herein, we do not convey to You any express or implied grant or license with respect to the Program, copyright works, trade-marks or other intellectual property. All rights not expressly granted herein are reserved by us, including without limitation, all intellectual property rights in and to the Program and App(s) created using the Program, and nothing in this Agreement shall be construed to assign or transfer to You any right, title or interest in or to the Program.
7.1 For the purposes of this Agreement, “Personal Information” shall have the meaning attributed to such term within the provisions of Part 1 of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and may include but is not limited to a person's name, address, telephone number, mother's maiden name, employment and education history, income, buying habits, information concerning a person's credit history (or as obtained through a credit reporting agency, bureau, financial institution, or other person).
7.3 We will not store your credit card information, nor will we share your Personal Information with any third parties.
7.4 We may use your Personal Information in aggregate form for our marketing, analytical, and product development activities but such aggregated information shall not allow any third party to identify your Personal Information.
7.5 This Agreement and your acceptance of same shall constitute your consent to receive email and other electronic notifications from us regarding the Program, any new products developed by us, and third party provider offers that we may believe You are interested in hearing more about. Should You not wish to receive communication from us You may “unsubscribe” using the appropriate link provided in our communications to You or by replying “unsubscribe”.
8. Term and Termination
8.1 This Agreement shall be in force as of the first day that You pay your subscription fee(s), and unless the customer auto-renews,You have the option to end payment.
8.2 You may terminate this Agreement at any time by providing us with thirty (30) days' written notice. You will not be entitled to any refund or partial refund of subscription fees if You terminate this Agreement.
8.3 We may terminate this Agreement early with or without notice to You and/or suspend your access to the Program or any App(s) for any breach of this Agreement or other reason, including but not limited to breach of privacy, intellectual property rights, if You declare bankruptcy or can't pay your bills when due, your failure to make payment when due, we are told to do so by court order, or providing You access to the Program is no longer financially prudent for us.
8.4 Upon termination of this Agreement all your access to the Program shall cease and You will no longer be able to use, market, or make available the Service. You may contact us for the return of any Client Content that we have in our possession but we make no guarantees that it will be maintained and caution that You should retain backup copies of Client Content.
8.5 Upon termination of this Agreement all your access to the Program shall cease and You will no longer be able to use, market, or make available the Program, App for download, and messaging service. We will remove the App from any platform (app store) it may be offered on and any such App already downloaded or used by a third party will no longer function (unless You have purchased a perpetual license to the App). You may contact us for the return of any Client Content that we have in our possession but we make no guarantees that it will be maintained and caution that You should retain backup copies of Client Content.
9.1 By purchasing the subscription to the Program, You acknowledge and agree that we are not liable to You for any of the following (and anything else not listed in here): unforeseen events out of our control, any loss of data or disclosure of data, your inability to maintain or lack of up to date hardware, third party actions, delays in delivery outside our control (e.g. service provider issues, flood, third party contractor delays, fires, acts of god, terrorism, and other bad things that happen from time to time), your inability to configure or use your own computers properly, loss or damage to your own computers, software or data.
9.2 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE NOT GUARANTEED AND ARE PROVIDED “AS IS”, YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK AND WE GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE SERVICE, ACCESSIBILITY, PRIVACY, SECURITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, INTEGRATION, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT THE PROGRAM AND CONTENT IS DEPENDENT IN SOME INSTANCES UPON THIRD PARTY SERVICE PROVIDERS AND THAT WE SHALL NOT BE LIABLE FOR ANY DELAY, DOWNTIME, OR INTERRUPTION CAUSE BY A THIRD PARTY OUT OF OUR CONTROL, INCLUDING DOWNTIME OR INTERRUPTION AS A RESULT OF THE FAILURE OF THE INTERNET.
9.3 Nothing in this Agreement shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law including liability for fraud or for death or personal injury caused by negligence.
9.4 You agree and acknowledge that we are not liable to You for:
(a) any direct, indirect, special, incidental or consequential loss or damage which may arise from the use of the Program or any App(s) and/or their use or availability or lack of availability;
(b) any loss of profit, business revenue, goodwill or projected savings;
(c) the corruption, loss, or deletion of any data through the use of the Program or any App(s); or
(d) the Program's impact on any other software that You may use.
9.5 In any case, our liability to You shall be the lower of $300.00 or the amounts paid by You under this Agreement. You agree to take actions to mitigate any losses that You may suffer and properly insure yourself against such losses.
10. General Terms
10.1 You agree that any dispute (other than an action to prevent irreparable harm brought by us against You) arising under this Agreement or its interpretation shall be determined by final and binding arbitration before a single arbitrator in the City of Toronto, Ontario pursuant to the Arbitrations Act, 1991. If we are unable to agree upon an arbitrator, either of us or You can apply to a judge of the Superior Court of Justice in Toronto, Ontario to have one appointed.
10.2 The parties are independent contractors. No partnership, joint venture, principal-agent or employer-employee relationship is intended to be created by this Agreement.
10.3 If any provision of this Agreement is adjudged by any court or arbitration board of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent possible and necessary to preserve the original intentions of the parties, and the validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10.4 No change, modification or revision of this Agreement by You shall be valid unless assented to in writing and signed by both parties. We may notify You of changes to this Agreement and unless objected to within fourteen (14) days of sending the notification of change, You shall be deemed to have accepted the change.
10.5 No failure of either party to exercise any right given to it under this Agreement or to insist upon strict compliance by the other party to its obligations under this Agreement, and no custom or practice of the parties in variance with the terms of this Agreement, shall constitute a waiver of either party's right to demand exact compliance with the terms of this Agreement. Any waiver of any breach of any provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
10.6 This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns as permitted by this Agreement.
10.7 All matters, including, without limitation, matters of construction, procedure, remedies, interpretation, validity and the rights and duties of the parties shall be governed by the laws of Ontario, Canada.
10.8 Your obligations which by their nature survive termination of this Agreement shall remain enforceable despite the termination of this Agreement or our termination of access to the Program. In particular but not limited to sections 1.2, 1.3, 2.2, 2.5, 6.3, 8.5, 9.1, 9.2, 9.3, and 10.1 shall survive termination of this Agreement.
11. Waiver & Severability
11.1 The failure of Zuzapp to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
12. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at www.zuzapp.com and www.zuzappmessaging.com.If the revision, in our sole discretion, is material we will notify You via the email associated with your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.