TERMS OF SERVICE

Last updated: 08/10/2021

1. Introduction 

Welcome to Zeely, Inc. (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms  of Service, please pause, grab a cup of coffee and carefully read the following pages. It will  take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages  located at https://zeely.me/ and our mobile application Zeely (together or individually  “Service”) operated by Zeely, Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect,  safeguard and disclose information that results from your use of our web pages. Please read  it here https://zeely.me/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You  acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the  Service, but please let us know by emailing at zeely.me@gmail.com so we can try to find a  solution. These Terms apply to all visitors, users and others who wish to access or use  Service.

Thank you for being responsible.

2. Communications 

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or  promotional materials and other information we may send. However, you may opt out of  receiving any, or all, of these communications from us by following the unsubscribe link or by  emailing at.

3. Purchases 

If you wish to purchase any product or service made available through Service (“Purchase”),  you may be asked to supply certain information relevant to your Purchase including, without  limitation, your credit card number, the expiration date of your credit card, your billing address,  and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other  payment method(s) in connection with any Purchase; and that (ii) the information you supply  to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the  completion of Purchases. By submitting your information, you grant us the right to provide the  information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not  limited to: product or service availability, errors in the description or price of the product or  service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal  transaction is suspected.  

4. Contests, Sweepstakes and Promotions 

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available  through Service may be governed by rules that are separate from these Terms of Service. If  you participate in any Promotions, please review the applicable rules as well as our Privacy  Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will  apply.

5. Subscriptions 

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed  in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on  a monthly or annual basis, depending on the type of subscription plan you select when  purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact  same conditions unless you cancel it or Zeely, Inc. cancels it. You may cancel your  Subscription renewal either through your online account management page or by  contacting Zeely, Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment  for your subscription. You shall provide Zeely, Inc. with accurate and complete billing  information including full name, address, state, zip code, telephone number, and a valid  payment method information. By submitting such payment information, you automatically  authorize Zeely, Inc. to charge all Subscription fees incurred through your account to any such  payment instruments.

Should automatic billing fail to occur for any reason, Zeely, Inc. will issue an electronic invoice  indicating that you must proceed manually, within a certain deadline date, with the full payment  corresponding to the billing period as indicated on the invoice.

6. Free Trial 

Zeely, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period  of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged  by Zeely, Inc. until Free Trial has expired. On the last day of Free Trial period, unless you  cancelled your Subscription, you will be automatically charged the applicable Subscription  fees for the type of Subscription you have selected.

At any time and without notice, Zeely, Inc. reserves the right to (i) modify Terms of Service of  Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes 

Zeely, Inc., in its sole discretion and at any time, may modify Subscription fees for the  Subscriptions. Any Subscription fee change will become effective at the end of the then current Billing Cycle.

 

Zeely, Inc. will provide you with a reasonable prior notice of any change in Subscription fees  to give you an opportunity to terminate your Subscription before such change becomes  effective.

Your continued use of Service after Subscription fee change comes into effect constitutes  your agreement to pay the modified Subscription fee amount.

8. Refunds 

Except when required by law, paid Subscription fees are non-refundable.

9. Content 

Our Service allows you to post, link, store, share and otherwise make available certain  information, text, graphics, videos, or other material (“Content”). You are responsible for  Content that you post on or through Service, including its legality, reliability, and  appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours  (you own it) and/or you have the right to use it and the right to grant us the rights and license  as provided in these Terms, and (ii) that the posting of your Content on or through Service  does not violate the privacy rights, publicity rights, copyrights, contract rights or any other  rights of any person or entity. We reserve the right to terminate the account of anyone found  to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through  Service and you are responsible for protecting those rights. We take no responsibility and  assume no liability for Content you or any third party posts on or through Service. However,  by posting Content using Service you grant us the right and license to use, modify, publicly  perform, publicly display, reproduce, and distribute such Content on and through Service. You  agree that this license includes the right for us to make your Content available to other users  of Service, who may also use your Content subject to these Terms.

Zeely, Inc. has the right but not the obligation to monitor and edit all Content provided by  users.

In addition, Content found on or through this Service are the property of Zeely, Inc. or used  with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or  use said Content, whether in whole or in part, for commercial purposes or for personal gain,  without express advance written permission from us.

10. Prohibited Uses 

You may use Service only for lawful purposes and in accordance with Terms. You agree not  to use Service: 

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way  by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including  any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

 

(d) To impersonate or attempt to impersonate Company, a Company employee, another user,  or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening,  fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful  purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of  Service, or which, as determined by us, may harm or offend Company or users of Service  or expose them to liability.

Additionally, you agree not to: 

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or  interfere with any other party’s use of Service, including their ability to engage in real time  activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for  any purpose, including monitoring or copying any of the material on Service.

(c) Use any manual process to monitor or copy any of the material on Service or for any other  unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is  malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of  Service, the server on which Service is stored, or any server, computer, or database  connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack. (h) Take any action that may damage or falsify Company rating.

(i) Otherwise attempt to interfere with the proper working of Service.

11. Analytics 

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website  traffic. Google uses the data collected to track and monitor the use of our Service. This data  is shared with other Google services. Google may use the collected data to contextualise and  personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy  Terms web page: https://policies.google.com/privacy?hl=en

 

We also encourage you to review the Google's policy for safeguarding your data:  https://support.google.com/analytics/answer/6004245.

Firebase

Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as  your device advertising settings or by following the instructions provided by Google in their  Privacy Policy: https://policies.google.com/privacy?hl=en 

For more information on what type of information Firebase collects, please visit the Google  Privacy Terms web page: https://policies.google.com/privacy?hl=en 

Azure DevOps

Azure DevOps is a Software as a service (SaaS) platform from Microsoft that provides an  end-to-end DevOps toolchain for developing and deploying software.  

You can find Microsoft Privacy Statement here: https://privacy.microsoft.com/en gb/privacystatement  

Appsflyer  

Our open platform provides the measurement, analytics, engagement, and fraud protection  technologies you need to get the answers to all of your questions, and make good choices for  your business and customers https://www.appsflyer.com/legal/privacy-policy/ 

Amplitude  

The Digital Optimization System has arrived. https://amplitude.com/privacy 

Аdapty

Boost mobile in-app subscriptions https://adapty.io/privacy 

12. No Use By Minors 

Service is intended only for access and use by individuals at least eighteen (18) years old. By  accessing or using any of Company, you warrant and represent that you are at least eighteen  (18) years of age and with the full authority, right, and capacity to enter into this agreement  and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18)  years old, you are prohibited from both the access and usage of Service.

13. Accounts 

When you create an account with us, you guarantee that you are above the age of 18, and  that the information you provide us is accurate, complete, and current at all times. Inaccurate,  incomplete, or obsolete information may result in the immediate termination of your account  on Service.

You are responsible for maintaining the confidentiality of your account and password,  including but not limited to the restriction of access to your computer and/or account. You  agree to accept responsibility for any and all activities or actions that occur under your account  and/or password, whether your password is with our Service or a third-party service. You must

notify us immediately upon becoming aware of any breach of security or unauthorized use of  your account.

You may not use as a username the name of another person or entity or that is not lawfully  available for use, a name or trademark that is subject to any rights of another person or entity  other than you, without appropriate authorization. You may not use as a username any name  that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel  orders in our sole discretion.

14. Intellectual Property 

Service and its original content (excluding Content provided by users), features and  functionality are and will remain the exclusive property of Zeely, Inc. and its licensors. Service  is protected by copyright, trademark, and other laws of the United States. Our trademarks and  trade dress may not be used in connection with any product or service without the prior written  consent of Zeely, Inc..

15. Copyright Policy 

We respect the intellectual property rights of others. It is our policy to respond to any claim  that Content posted on Service infringes on the copyright or other intellectual property rights  (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the  copyrighted work has been copied in a way that constitutes copyright infringement, please  submit your claim via email to zeely.me@gmail.com, with the subject line: “Copyright  Infringement” and include in your claim a detailed description of the alleged Infringement as  detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for  misrepresentation or bad-faith claims on the infringement of any Content found on and/or  through Service on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by  providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)  for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner  of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL  (i.e., web page address) of the location where the copyrighted work exists or a copy of the  copyrighted work;

(c) identification of the URL or other specific location on Service where the material that you  claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized  by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your  notice is accurate and that you are the copyright owner or authorized to act on the  copyright owner's behalf.

You can contact our Copyright Agent via email at zeely.me@gmail.com

17. Error Reporting and Feedback 

You may provide us either directly at zeely.me@gmail.com or via third party sites and  tools with information and feedback concerning errors, suggestions for improvements, ideas,  problems, complaints, and other matters related to our Service (“Feedback”). You  acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property  right or other right, title or interest in or to the Feedback; (ii) Company may have development  ideas similar to the Feedback; (iii) Feedback does not contain confidential information or  proprietary information from you or any third party; and (iv) Company is not under any  obligation of confidentiality with respect to the Feedback. In the event the transfer of the  ownership to the Feedback is not possible due to applicable mandatory laws, you grant  Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub licensable, unlimited and perpetual right to use (including copy, modify, create derivative  works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

ACRA

ACRA or Application Crash Reports for Android is monitoring platform. Please find more  information here: https://github.com/ACRA/acra 

Rollbar

Rollbar is error tracking service provided by Rollbar Inc. Find out more here:  https://docs.rollbar.com/docs/privacy-policy 

Firebase Crashlytics

Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as  your device advertising settings or by following the instructions provided by Google in their  Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google  Privacy Terms web page: https://policies.google.com/privacy?hl=en

18. Links To Other Web Sites 

Our Service may contain links to third party web sites or services that are not owned or  controlled by Zeely, Inc.

Zeely, Inc. has no control over, and assumes no responsibility for the content, privacy policies,  or practices of any third party web sites or services. We do not warrant the offerings of any of  these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT ZEELY, INC. 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 USE OF OR RELIANCE ON  ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH  THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY  POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer Of Warranty  

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”  BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,  EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE  INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY  AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES  OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY  WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,  SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE  ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,  THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES  WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS  WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT  THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES  WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS  OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY  WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR  PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,  DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,  SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES  (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF  LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR  NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF  CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR  IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY  CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS  AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL  LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN  PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS  PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT

WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,  AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE  DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF  PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION  OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination 

We may terminate or suspend your account and bar access to Service immediately, without  prior notice or liability, under our sole discretion, for any reason whatsoever and without  limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive  termination, including, without limitation, ownership provisions, warranty disclaimers,  indemnity and limitations of liability.

22. Governing Law 

These Terms shall be governed and construed in accordance with the laws of State of  Delaware without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of  those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,  the remaining provisions of these Terms will remain in effect. These Terms constitute the  entire agreement between us regarding our Service and supersede and replace any prior  agreements we might have had between us regarding Service.

23. Changes To Service 

We reserve the right to withdraw or amend our Service, and any service or material we provide  via Service, in our sole discretion without notice. We will not be liable if for any reason all or  any part of Service is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of Service, or the entire Service, to users, including registered  users. 

24. Amendments To Terms 

We may amend Terms at any time by posting the amended terms on this site. It is your  responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you  accept and agree to the changes. You are expected to check this page frequently so you are  aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to  be bound by the revised terms. If you do not agree to the new terms, you are no longer  authorized to use Service.

25. Waiver And Severability 

No waiver by Company of any term or condition set forth in Terms shall be deemed a further  or continuing waiver of such term or condition or a waiver of any other term or condition, and  any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be  invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited  to the minimum extent such that the remaining provisions of Terms will continue in full force  and effect. 

26. Acknowledgement 

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE  THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY  THEM.

27. Contact Us 

Please send your feedback, comments, requests for technical support:

By email: zeely.me@gmail.com.

By visiting this page on our website: https://zeely.me/contact.

By phone number: +13028657255.