Terms of Service

Terms of Service

Last Update: November 11th, 2017

By using the ZingApps.com web site (“Service”), all services of Zing Apps, Inc. (“Zing Apps”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Violation of any of the terms below will result in the termination of your Account. While Zing Apps prohibits such conduct and Content on the Service, you understand and agree that Zing Apps 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.

Limitation of Liability

WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Zing Apps does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Zing Apps 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 Zing Apps has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Zing Apps 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 Zing Apps and govern your use of the Service, superseding any prior agreements between you and Zing Apps (including, but not limited to, any prior versions of the Terms of Service).

In no event shall Zing Apps’ liability to you exceed the amount actually paid to Zing Apps by you during the preceding 12 months.

Any exclusions of liability contained herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Zing Apps shall not be liable for any damages resulting from the use of this Site or Services unless such damages are the result of our negligent or reckless acts or omissions.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Account Terms

You must be 18 years or older to use this Service.

You are responsible for maintaining the security of your account and password. Zing Apps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

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).

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 and Data Protection

You acknowledge that, in your capacity as operator of the mobile application we provide to you based on the Service, you are solely responsible for complying with any applicable privacy, data protection, or similar law governing the collection, use, sharing, or other processing or handling of personally identifiable information, personal data, or similar information in any jurisdiction worldwide (“Privacy Law”). This includes, where necessary under the applicable Privacy Law, and without limitation, your obligation to make available a privacy policy to the end users of the mobile application.

IN THE EVENT THAT ZING APPS, SUBJECT TO ITS OWN DISCRETION, MAKES AVAILABLE TO YOU A PRIVACY POLICY OR SIMILAR DOCUMENT TOGETHER OR IN CONNECTION WITH A MOBILE APPLICATION (“COMPLEMENTARY POLICY”), SUCH COMPLEMENTARY POLICY IS PROVIDED TO YOU “AS IS” AND NEITHER ZING APPS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS MAKE A REPRESENTATION OR WARRANTY AS TO ITS COMPLETENESS OR ACCURACY OR ITS COMPLIANCE WITH THE APPLICABLE PRIVACY LAW. ZING APPS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE) REGARDING THE COMPLIMENTARY POLICY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE COMPLIMENTARY POLICY.

You may use the Complimentary Policy for the purposes of making available a privacy policy to the end users of the mobile application we provide to you based on the Service, provided you review the Complimentary Policy before making it available to the end users and apply any necessary changes or amendments in order to ensure its accuracy, completeness, and compliance with the applicable Privacy Law. Zing Apps reserves the right to suspend its services to you or terminate your account or this Agreement for cause in the event that you use the Complimentary Policy in breach of this Agreement or violate the applicable Privacy Law when collecting, using, sharing, or otherwise processing or handling personally identifiable information, personal data, or similar information in connection with the mobile application we provide to you based on the Service.

You shall indemnify, defend, and hold harmless Zing Apps and its directors, officers, employees, agents, and contractors from and against all liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any claim or allegation by a third party (including, without limitation, end users and government authorities) that the Complimentary Policy, any revised version thereof, or the collection, use, sharing, or other processing or handling of personally identifiable information, personal data, or similar information you carry out in connection with the mobile application we provide to you based on the Service violates or infringes the applicable Privacy Law.

Payments and Refund Terms

Term. This Agreement will be in effect from the time that the Service(s) are activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement.

Payment. Payments can be made by credit card or check. We will bill the service fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). 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.

Refunds. 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.

Application Approval. Zing Apps 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, however there are no refunds under any circumstances.

Cancellation and Termination

You may cancel this agreement at any time by giving Zing Apps no less than thirty (30) days written notice. All cancellations must be made in writing, via email, to support@zingapps.com. Sending an email to any other Zing Apps email address shall not constitute as a proper notification of cancellation. Zing Apps shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services remaining in the Term. Zing Apps reserves the right to refuse service to anyone for any reason at any time.

100% Satisfaction Guarantee Terms

If for whatever reason you are unsatisfied with your mobile application within the first month of service, Zing Apps guarantees to refund the first month of service with no questions asked. Zing Apps is backed by a 100% satisfaction guarantee.

This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with Zing Apps.

Modifications to the Service and Prices

Zing Apps 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.

Zing Apps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

From time to time, Zing Apps may issue an update to the Zing Apps application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Zing Apps 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

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Zing Apps application to create your mobile application, you agree to allow others to view and share your Content.

Zing Apps does not pre-screen Content, but Zing Apps and its designee have the right (but not the obligation) to refuse or remove 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 Service.

You grant Zing Apps a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Zing Apps, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Zing Apps, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.

When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

All Zing Apps content included on its site, its Software, and through the Service is the property of Zing Apps and is protected by U.S. and international intellectual property laws. All Zing Apps content, Software, code, HTML/CSS, and visual design data is copyright 2017 Zing Apps, Inc.

Insecure collection or retrieval of sensitive data

You expressly agree not use Zing Apps to collect or retrieve sensitive information including, but not limited to, credit card numbers and social security numbers, without using the features Zing Apps offers to transmit data via a secure SSL connection. You acknowledge that email is not a secure means of transmitting data and you agree not use Zing Apps to send sensitive data via email.

Technical Support & Service Level Agreement

Technical support is only available via email and phone. The technical support email address is support@zingapps.com. The technical support phone number is 323-375-1120. Our live support hours are between 8am – 5pm PST, Monday through Friday. All technical support requests will receive a response within 24 business hours.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

You understand that Zing Apps uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Zing Apps service.

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 Zing Apps.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Zing Apps customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Changes to Terms of Service

Zing Apps reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.zingapps.com/terms-of-service/.