Terms of Service
BY USING (1) ANY SERVICE PROVIDED BY ZINGAYA LTD ("ZINGAYA" OR "WE") OR (2) ANY SERVICES ACCESSIBLE THROUGH WWW.ZINGAYA.COM (COLLECTIVELY, THE "SERVICE"), OR BY CREATING OR MAINTAINING AN ACCOUNT FOR SERVICE FOR USE BY YOU OR ANY OTHER PERSON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, UNLESS WE EXPRESSLY AGREE IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ZINGAYA THAT DIFFERENT OR ADDITIONAL TERMS APPLY.
You will be referred as "you" in this Agreement.
"Account" means the account (a) under which you use the Service, whether registered to you or a person who has provided you access to use his, her, or its account, or (b) that you create on behalf of another person.
PAYMENT, RATES AND ACCOUNTS
Your payments for Zingaya are made by charging your credit or debit card. In order to use paid Service, you shall provide you credit or debit card details.
Zingaya is a subscription service. Your credit card will be charged automatically every month according to the amount of monthly subscription fee that is specific for chosen plan. Charges are made in advance for the succeeding month.
Each Zingaya plan includes specific amount of call minutes. If you consume all minutes included in monthly subscription, your credit card will be charged for additional 10 USD. This amount will be added to your Zingaya account balance and will be used to provide extra call minutes on the rate, specific for chosen plan.
Call minutes, included in subscription fee, expire in the end of the month.
Zingaya will send an email to you no later than one day after receipt, confirming each successful payment. If Zingaya service is unavailable we will inform you about expected availability time immediately.
If Zingaya is unable to charge your credit card, an email will be sent to you with instructions to modify credit card details. In this case Service will be suspended until credit card is successfully charged.
You will not be charged for the period your account was suspended.
In case your account is suspended for at least 6 months, it is automatically deleted and Service is terminated.
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
The rates and plans for the Service are published on its Website. We reserve the right to change the rates and plans at any time without notice. If you do not wish to accept such adjustment of rates or/and plans, you are entitled to terminate the Account with effect from the date on which the adjustment of rates or/and plans becomes effective. You agree that by continuing to use the Service, following the adjustments of the rates, you accept such adjustments.
Zingaya is not responsible for any telephone or internet connection charges, surcharges, taxes, or other amounts incurred in accessing the Service, for which you accept all responsibility.
Zingaya will provide a response to email and telephone enquiries within a maximum of 48 hours.
In the event you believe that Zingaya has charged you in error, you must contact Zingaya customer services via our online web form or via e-mail firstname.lastname@example.org within 60 days of such a charge. No refunds will be given for any charges which are more than 60 days old.
You may submit a request for a refund by contacting Zingaya's customer services via our online web form or via e-mail email@example.com. No refunds shall be given for services paid through vouchers or gift tokens. We reserve the right to deny repetitive refund requests. You may ask for a refund with 60 days of your payment. No refunds will be given for any charges which are more than 60 days old.
All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by Zingaya, and addressed to the person that deposited the credit initially. It may take up to 30 days to process refunds from date of your valid request date.
We will refund your credit balance in the event you terminate your Account(s) as permitted under this Agreement or in the event that we terminate this Agreement without serious cause. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
We will charge a $2.00 processing fee for all refunds processed.
TERM AND TERMINATION OF SERVICE
This Agreement will be effective as of the date on which this Agreement is entered into by clicking on the “I Agree” button as stated above and will remain effective until terminated by either Zingaya or you as set forth below. Zingaya may terminate this Agreement with immediate effect at any time, with or without cause, by providing notice to you and/or by preventing your access to the Service. You may terminate this Agreement with immediate effect at any time, with or without cause provided that you will cease any and all use of the Service and you will remove the Service from any of your systems in your possession or under your control. To terminate an account you need to write a request to email address firstname.lastname@example.org.
We reserve the right to modify this Agreement at any time by publishing the revised terms on the Website. Your continued use of the Service shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. The most recent version of this Agreement can be found on the Website.
ACCOUNT RULES AND REQUIREMENTS; ACCEPTABLE USE POLICIES
When creating an Account for, using, or accessing the Service, you agree to abide by all of Zingaya's use policies in effect from time to time, any policies distributed by email, or any amendments thereto, which policies include, without limitation, the following: you or other user of the Account
(i) abide by all applicable laws, rules, and regulations relating to the use, posting, transmission, distribution, capture, download, and/or recording of voice, content, software or other matter;
(ii) conform all usage to applicable rules, laws, and regulations pertaining to or regulating the use of telephone networks, telemarketing, pre-recorded messages and other automated voice broadcasts, automated dialers, call or voice recording or surveillance, and other messages, and electronic mail (including anti-spamming laws) (for each of which you take sole responsibility for compliance); and
(iii) provide us with accurate and legally compliant user telephone numbers and contact information, and other Service user information (which you represent and warrant to be accurate and compliant);
and (b) shall not (nor allow any person to)
(i) use the Service in any manner which violates the rights of any person or is illegal, fraudulent, deceptive (including without limitation any spoofing of caller ID information or similar practices likely to deceive any other party contacted through the Service), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, invasive of privacy, or otherwise objectionable or unlawful;
(ii) attempt to gain unauthorized access to any account, the Zingaya network, or any related components; or
(iii) interfere with another's use and enjoyment of any Zingaya services.
You or user who uses the Service for telemarketing or similarly regulated purposes is directly and solely responsible for compliance with applicable laws, including without limitation for filing, subscribing, or holding appropriate regulatory compliance documentation as required by competent jurisdictions and/or the purchase of access to any do-not-call lists and the like, and hereby indemnifies and holds harmless Zingaya and its owners, officers, employees, and other agents from and against any claim, liability, loss, cost, or expense (including attorneys’ fees and expenses) arising out of or related to such use of the Service or any failure to comply with applicable legal requirements with respect thereto.
Any violation of Zingaya policies by you or anyone using your Account will be grounds for termination of the Account, at Zingaya's sole discretion, and such violation may be reported to the appropriate law-enforcement agencies.
Zingaya shall not be liable for any injury or damage suffered by or during use of the Service, and you hereby indemnify and hold harmless Zingaya and its agents, officers, employees, and providers from any claims, damage, or loss (including attorneys fees and expenses) arising out of your use of the Service or that of any other user of your Account.
SERVICE AVAILABILITY; MODIFICATIONS
You hereby waive all claims for damages of the Service unavailability, scheduled or unscheduled, and indemnify Zingaya from any similar claims made by any other users on your Account.
We may at any time change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
We do not guaranty that the Service can be accessed from all locations or with all equipment or types of communications access. We do not recommend, and do not support, use of the Service in mission critical situations or on mission critical equipment.
Zingaya will try to provide the Service with minimum disruptions. However please understand that Zingaya can not guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Service may be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and you may experience some disruptions e.g. packet loss and delay which will affect the quality of your communication.
Zingaya may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Zingaya may also have to repair, improve, and/or upgrade the Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service.
We recommend that you provide us with a prior notice (to the following email address: email@example.com) of any planned marketing activities or other calling events which may use significant Service capacity so that we can undertake reasonable steps to make the Service available for your event.
We reserve the right to limit or suspend Service usage under any Account using the Service at volumes significantly in excess of planned usage or prior usage patterns, or when reasonable prior notice of capacity needs has not been provided.
USE OF ZINGAYA CONTENT AND SOFTWARE
All information and materials published, transmitted, or otherwise available on the Website or through the Service (including, but not limited to, terms of service, use policies, service documentation, user help, informational resources, images, equipment configurations, interactive voice response, menus, audio clips, and video clips, collectively, "Content") are protected by copyright or trademarked (as applicable), and owned or controlled by Zingaya, its licensors, or affiliated companies. You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Content or to the Service. Without limiting the foregoing, no Content may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Service in accordance with its intended use, nor may derivative works be created from it or distributed in any way.
The brand names, slogans, trademarks, service marks, designs, and logos used on the Website or in conjunction with the Service, including without limitation Zingaya (collectively, the "Marks") are the trademarks of Zingaya and its licensors. You may not copy, display or use the Trademarks in any manner except as may be automatically displayed by the Service or the Website or as may be provided in a separate express written agreement with Zingaya.
The software, hardware, and other technologies which Zingaya uses to deliver the Service (the "Zingaya Technologies") contain confidential and proprietary information, trade secrets, and other property rights belonging to Zingaya and its licensors, and all rights to the Zingaya Technologies and all property rights related to the Service, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof (whether produced by Zingaya, you, or otherwise), shall remain exclusively with Zingaya and its applicable licensors.
Your rights to the Zingaya Technologies are limited to a non-exclusive and non-transferable runtime right solely during the term of this Agreement and solely for the purpose of using the Service. All Service is hosted by Zingaya and no software code (other than APIs if Zingaya agrees to provide the same in its sole discretion) will be provided to you.
You may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble the Zingaya Technologies or otherwise attempt to deduce the source code, design, or data transmission characteristics of the Zingaya Technologies. You may not use packet sniffers or other network or IP tracing technologies on the Service or with the Zingaya Technologies except for the specific purpose of optimizing your network for use of the Service in accordance with Service documentation.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZINGAYA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE ACCOUNT, THE SOFTWARE, THE WEBSITE, OR ANY OTHER SERVICE OR MATERIALS PROVIDED BY ZINGAYA.
ZINGAYA MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS PERFORMED AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH IS HEREBY DISCLAIMED).
YOU ARE SOLELY RESPONSIBLE FOR BACKUP OF ANY DATA WHICH YOU MAY REQUIRE TO BE STORED WITH RESPECT TO THE SERVICE.
IN PARTICULAR, EXCEPT AS PROVIDED UNDER THE SERVICE GUARANTEE, ZINGAYA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS BORNE BY YOU.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE AVAILABLE WITHOUT IT.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Further, Zingaya disclaims any responsibility for the accuracy, content, or availability of information available through the Service, and Zingaya shall not be held responsible for the accuracy, legality, or decency of material contained in third-party sites or through third-party services (including any service or content reached through the Service or the Website), and you hereby irrevocably waive any claim against us with respect thereto.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ZINGAYA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF THE ACCOUNT OR THE SERVICE BY ANY PARTY OR YOUR INABILITY TO USE THE SERVICE (EXCEPT WITH RESPECT TO THE SERVICE GUARANTEE) OR YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICE OR THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ZINGAYA MIGHT HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, ZINGAYA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), ZINGAYA'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE LAST THREE (3) MOST RECENTLY PAID MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Zingaya does not control, or have any knowledge of the content of any communication(s) spread by the use of the Service. The content of the communication is the entire responsibility of the person whom such content has been originated from. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
NO EMERGENCY DIALING
THE SERVICE DOES NOT INCLUDE ANY E911 OR SIMILAR SHORT DIGIT EMERGENCY DIALING FEATURE.
YOU UNDERSTAND THAT THE SERVICE IS AN ENHANCED INFORMATION SERVICE AND NOT INTENDED, NOR CAN IT BE USED, AS A FULL INBOUND-OUTBOUND TELEPHONE REPLACEMENT, AND THAT YOU AND/OR ALL USERS OF YOUR ACCOUNT SHALL MAINTAIN STANDARD ACCESS TO LAND-LINE OR MOBILE TELEPHONE SERVICE WITH E911/SHORT DIGIT EMERGENCY DIALING SERVICE, OTHER THAN OUR SERVICE. YOU WAIVE ANY CLAIMS AGAINST ZINGAYA BASED UPON OR ARISING OUT OF ANY FAILURE TO PROVIDE SHORT DIGIT EMERGENCY DIALING CAPABILITY AND INDEMNIFY ZINGAYA AGAINST ANY SIMILAR CLAIM BY ANY USER OF YOUR ACCOUNT.
We strongly recommend that alternative methods, specifically intended for mission critical or emergency services usage, be used, rather than the Service, to deliver emergency messages of any urgent, public safety or similar nature.
You agree that Zingaya has no liability to you arising out of or related to any such use and indemnify Zingaya for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney's fees and expenses) arising out of your use of the Service for such purposes.
You agree to indemnify and hold harmless Zingaya, and its subsidiaries, parents, affiliates, managers, shareholders, officers, directors, agents, resellers, sales affiliates, licensees or other partners, and employees, from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with your use of the Service, any other user's use of your Account, or your or their conduct while using the Service, your violation of this Agreement, or your violation of any rights of another, including without limitation any violation of applicable law or any tort committed while using the Service.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. All actions concerning any dispute arising out of the Agreement, the Account, the Service, or the Website must be brought in the state or federal courts with appropriate subject matter jurisdiction located in (or having jurisdiction over) London, UK and each party consents to the jurisdiction and appropriate venue thereof, provided that actions for injunctive relief may be brought where sought to be enforced.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except when expressly provided by another written agreement with Zingaya, this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of Zingaya.
Zingaya shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or any other force majeure.
Your right to use the Service and access the Account is not transferable, sublicenseable, and may not be sold, rented, or timeshared, unless expressly permitted in another agreement with Zingaya. Zingaya may assign this Agreement, in whole or in part, at any time with or without notice to you.
The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
You agree that Zingaya may, in its sole discretion, from time to time add to, delete from, or modify this Agreement in any reasonable manner by providing notice as permitted above.
You represent and warrant that you are at least 18 years of age or have the approval of your parent or guardian to register for or use the Service. If we become aware that you is under the age of 18 and not appropriately supervised, we may cancel the Account or otherwise restrict access to it. We further reserve the right to refuse Service to any person for any reason, in our discretion.
During registration, you must submit and maintain current and accurate Account and contact information, including a working e-mail address and telephone number, and any inaccuracy therein shall be grounds for Account termination. We may distribute notices and other important information to you to such e-mail addresses, or by publication on the Website.
You are responsible for providing the equipment and services, if any, and configuring the same correctly, as necessary for your access to the Service. If Zingaya specifies, at any time, any particular system requirements or hardware specifications for use of the Service, you will be responsible to provide the same or to cease to use the Service.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON OR BY USING THE SERVICE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ZINGAYA THE RIGHTS SET FORTH HEREIN.
© Zingaya – Last revised: March 2011
2225 East Bayshore Road
Palo Alto, CA 94303-3220