ZOMATE

TERMS AND CONDITIONS

The following terms of service and the Privacy Policy (together, the “Terms”) constitute a legally binding agreement between you and Zodi International LLC, its subsidiaries, affiliates, partners, representatives, directors and officers (collectively referred to as, “Zodi,” “us,” “we,” or “our”) and govern your access and use of and describe your rights and responsibilities while using the Zodi mobile application (the “ZoMate,” “App”), website, and technology platform (collectively, the “Zodi services”).

By registering and using the Zodi services, you are hereby agreeing to be bound by the following terms. These Terms is an agreement between you and Zodion the one hand (collectively, “you” or “End User”), and Zodi, on the other hand, regarding the Service.

Zodi is only willing to provide the Service only to parties that have accepted all the terms and conditions herein this Agreement. Further, by signing up to use the Zodi service, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms herein this Agreement, Zodi is unwilling to provide the Service to you and you are advised to discontinue your use of the Service.

Modification to these Terms

Zodi may, in its sole discretion and at intervals of its sole choosing, modify the Service and/or these Terms at any time and without prior notice. We reserve the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. It is your responsibility to monitor such changes and to determine whether or not to continue to access and use the Service based upon any such changes. Zodi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may update automatically and if such Service is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.

Eligibility and Registration

You may need to register for an account to access some or all of our Services. Before you create an account, you confirm that you are eligible to use our service. By using the service, you warrant and represent that:

i.                    You are at least 18 years old or of the legal age in your jurisdictionold and you have the capacity, right and authority to enter a legal agreement and will abide by all the provisions of these Terms of Use;

ii.                  You have notbeen the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;

iii.                You have not been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity.

If you register for an account with ZoMate, you shall provide ZoMate with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your ZoMate account.

By registering to use ZoMate, you agree that you will not:

                                i.            select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person;

                              ii.            create an account for anyone other than yourself without such person's permission;

                            iii.            be disrespectful when communicating with any other user of the service;

                             iv.            create a user name or ZoMate account that is subject to any rights of a person other than you without appropriate authorization;

                               v.            create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

                             vi.            Misrepresent your age, identity, or your zodiac sign.

Zodi reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ZoMate password. You shall never use another user's account without such other user's prior express permission. You accept responsibility for all activities that occur under your User Account you will immediately notify Zodi in writing of any unauthorized use of your account or other account related security breach of which you are aware.

Access and ZoMate Content

All right, title and interest in the Services and our content provided through the Service (including without limitation information, documents, logos, graphics, designs and images) are owned by Zodi or designated third parties. Subject to these Terms, Zodi grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of providing the service to you.

The Services contain Content specifically provided by Zodi or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

License and Restrictions

Subject to these Terms, and your compliance with these Terms,Zodi grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the service, solely for non-commercial use.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Trademarks and Copyrights

Nothing on or in the Services provided to you by Zodi shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Zodi or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Zodi is the owner of all trademarks and service marks within the Services provided to you, whether registered or not, including, without limitation, Zodi expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States (and/or other applicable jurisdictions).

Purchases and Payment of Fees

Zodi may make certain paid feature available to you through the app that can help you find and meet more people based on your interest and as well boost your profile so that more people can connect with you.We may offer the opportunity to purchase access to the Service by means of one-time or recurring payments (“Subscription”) through making purchases within the app (In-app purchases). These payments require you to have a valid method of payment, such as a credit card or debit card (a "Payment Method"). You are responsible for all charges incurred in connection with your payment and you agree to pay the fees and charges for any purchased feature.

Subscriptions

By selecting a Subscription, you agree to pay a subscription fee on a designated cycle for the Services that we make available to you (the "Subscription Fee"). The first Subscription Fee will be charged to your Payment Method on the date your Subscription is purchased. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.

Billing Cycle

The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card).

Subscription/Package Price Changes

We reserves the right to change the price for a Subscription to the Service in our sole discretion and will be responsible for communicating any price changes to you in accordance with the law.

Updating Payment Method

You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, we reserve the right to suspend your respective accounts and access to the Service, until such time as the Payment Method has been updated to permit a charge on your payment method for the Subscription Fee.

Cancellation

You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.

No Refunds

Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-term. In such a circumstance, you will continue to have access to your subscription until the end of the term’s billing cycle. .

Software Updates

The App may cause the Product to communicate with the Zodi servers to deliver the functionality and certain features to the app in order to keep the app running smoothly. We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the App and related services (“Updates”). These Updates may be installed on the software distribution platform of App Store or Google play or the other platforms by providing additional notice

User-Generated Content and User Submissions

Our service may allow you to post, share, link, store and otherwise make available certain information or content. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Zodi cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

For purposes of these Terms, the term "Content" includes, without limitation, any videos, audio clips, comments, information, data, text, photographs, software, graphics, and interactive features generated, provided, or otherwise, you make accessible to Zodi on or through the Services. The content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, "User Submissions."

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Zodi may, but has no obligation to, monitor, review, or edit User Content. In all cases, Zodi reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Zodi’s sole discretion determine to be:

(a) abusive, defamatory, or obscene;

(b) fraudulent, deceptive, or misleading;

(c) in violation of a copyright, trademark or, other intellectual property rights of another or;

(d) offensive or otherwise unacceptable to us in our sole discretion.

We may use your User Submissions in a number of ways in connection with our app, Servicesas we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third-Party Media”). By submitting User Submissions on our app or otherwise through the Services, you hereby grant Zodi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to Zodi for business purposes. You also grant each user of our App and/or the Services, including Third-Party Media, a non-exclusive license to access your User Submissions through our App and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our App, Services and Third-Party Media. For clarity, the foregoing license grant to Zodi does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Zodi.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

User Representation and Platform Use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark., publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because if a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

a.      You shall not host, display, upload, modify, publish, transmit, update or share any information which:

                                            i.            belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

                                          ii.            is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatever; or,

                                        iii.            is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

                                         iv.            Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

                                           v.            promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

b.      You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the services offered on or through the App, by hacking, password "mining" or any other illegitimate means.

c.       You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other user, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.

d.      You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App.

 

Warranty Disclaimer

You understand and agree that the Zodi service is provided “as is” and “as available,” without express or implied warranty or condition of any kind. Zodi and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Zodi nor any owner of content warrants that the Zodi service is free of malware or other harmful components. In addition, Zodi makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the Zodi service or any hyperlinked website, or featured in any banner or other advertising and Zodi is not responsible or liable for any transaction between you and third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Zodi shall create any warranty on behalf of Zodi. This section applies to the fullest extent permitted by applicable law.

Limitation of Liabilities

Zodi makes no warranties or representation of any kind that the service (including all databases, content, software, functions, materials and information accessed by any means thereof) are provided “as-is”, without warranties of any kind and Zodi disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, any implied warranties of originality, merchantability, non-infringement, title, arising from a course of dealing, usage, or trade practice or fitness for a particular purpose.

Zodi does not warrant that the service or functions contained in the service will be uninterrupted or error-free, that all deficiencies, errors, defects or nonconformities will be corrected, that the service will meet your specific requirements or that defects in the service will be corrected.

Zodi does not warrant that the service will work correctly in any particular operating environment. Zodi does not warrant, guarantee, or make any representations regarding the use or the results of the use of the service in terms of its correctness, accuracy, reliability, currentness, or otherwise.

Zodi does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Zodi disclaims any liability relating thereto.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage.

Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth above may not apply to you.

In no event shall the service provider be liable to the end user or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to the end user’s use of (or inability to use) the service regardless of (a) whether such damages were foreseeable, (b) whether or not the service provider was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

Third-Party Services and Resources

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the App. When you access third-party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under Zodi's control, and you acknowledge that Zodi is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Zodi or any association with its operators. You further acknowledge and agree that Zodi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Zodi, the Agreements constitute all the terms and conditions agreed upon between you and Zodi and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Severability, Waiver and Interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Zodi or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Zodi’s or the applicable third party beneficiary’s right to do so.

Indemnification

You agree to indemnify and hold Zodi harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to (i) your breach of the Agreements or any one of them; (ii) any User Content you post or otherwise contribute; (iii) any activity in which you engage on or through the Zodi Service; and (iv) your violation of any law or the rights of a third party.

Choice of Law

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to and construed in accordance with the laws of New York, U.S.A., without regard to its conflict of laws rules.

Disputes Resolution; Arbitration

Any dispute or claim relating in any way to your use of the app and services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Zodi will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights

Changes to This Agreement and Services

Zodi is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the app, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.

We’re always trying to improve the Service, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

Contact Us

If you have any questions concerning the Zodi Service or the Agreements, please contact Zodi support department via info@zomate.net.

 

 

 

Thank you for reading our Terms. We hope you enjoy Zodi.