Terms of Service

These terms of service (the “Terms of Service”) are a legal agreement between you and Zevbit LLC (“Zevbit”, “we,” “us,” or “our”). These Terms of Service specify the terms under which you may access and use our website located at zebvit.com (the “Site”), our mobile application, the ZevBit App (the, “App”) and our platform (the “Platform”) (collectively the “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND USING THE SERVICES OR ANY PORTION THEREOF, BECAUSE BY USING ANY OF THE SERVICES, CLICKING “I AGREE,” OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”, TOGETHER WITH THE TERMS OF SERVICE, THE “AGREEMENT”), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICES.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. OUR SERVICES AND USERS

The Services provide an online platform where home construction and improvement companies (collectively, “Home Service Business(es)”) can efficiently manage their business by using project estimate templates (“Estimate Templates”) and other features to complete work projects (“Projects”).

Our Services have several types of users:

Visitors. Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes. No login is required for visitors to the Site. Visitors can access all publicly-available content and features of the Site, and can contact us using the contact link on the Site.
Registered Users and Accounts. In order to use the Platform, you must establish an account with us. Zevbit is under no obligation to accept any individual or entity as an account holder, and may accept or reject any registration in our sole and complete discretion. If an entity registers an account and authorizes its employees or independent contractors to work within the entity’s account, such individuals will be referred to as “Authorized Users”. Authorized Users and all others who register accounts may sometimes be referred to as “Users” collectively in these Terms of Service.

To create an account, you or your authorized representative will be prompted to create a password and user name (“Zevbit User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future, or signing in using one of your login credentials from a third party service (e.g. your Google sign-in credentials or your Apple sign-in credentials) (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. Each Zevbit User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any Purchases (defined below), use of the Services, or communications from your account to Zevbit). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

2. RESTRICTIONS

Age Restrictions. The Services are available only to individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, including by closing or disconnecting your account, without notice and without reason.

3. USER DATA; LICENSES

“User Data” means any data and information that you or your Authorized Users submit to the Platform and/or provide to ZevBit through the API, including, without limitation, the personal information (such as name, email address, and other identifying information) of Authorized Users, photographs, text and documents from or about Projects.

“Usage Data” means the data that we collect in connection with our monitoring of the performance and use of the Platform by you and your Authorized Users, including, without limitation, date and time that you access the Platform, the portions of the Platform visited, the frequency and number of times such pages are accessed, the number of times the Platform is used in a given time period and other usage and performance data.

Subject to the terms and conditions of this Agreement, you hereby grants us a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses, to reproduce, execute, use, store, archive, modify, perform, display, and distribute the User Data for the purpose of providing the Services hereunder. You will have sole responsibility for the accuracy, quality, and legality of your User Data.

Aggregated Data. Notwithstanding anything to the contrary herein, we may use, and may permit our third-party service providers to access and use, the User Data, as well as any Usage Data that we may collect, in an anonymous and aggregated form (“Aggregate Data”) for the purposes of operating, maintaining, managing, and improving our products and services including the Platform and the Services. Aggregate Data does not identify You or any individual. You hereby agree that we may collect, use, publish, disseminate, sell, transfer, and otherwise exploit such Aggregate Data.

We (and any third-party hosting provider that we may engage) will employ commercially reasonable physical, administrative, and technical safeguards to secure the User Data, from unauthorized use or disclosure.

If you submit User Data, you represent and warrant that you have all rights and permissions necessary for you to provide Zevbit with or grant Zevbit access to and use of all Customer Data.

4. PURCHASE TERMS

Fees. Zevbit offers and Users can purchase a monthly or annual subscription for the Services (“Subscription”) for a fee set forth on the Site (the “Subscription Fee”). Zevbit may add new fees and charges, or amend fees and charges, at any time in its sole discretion. Zevbit will seek to notify you by reasonable means of any material increase in such fee. Payment for a Subscription is due immediately upon making a purchase for a subscription. By making a purchase, Buyer is agreeing to pay Zevbit, through our third-party payment processor, Stripe (“Payment Processor” or “Stripe”), all charges at the fees then in effect for Subscriptions. By using the Services to buy a Subscription, you agree to Stripe’s Terms of Use and Privacy Policy, located here: https://stripe.com/us/terms and https://stripe.com/us/privacy. Please note that Zevbit reserves the right to change its third-party payment processor at any time. USERS MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR THEIR ACCOUNTS, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). FURTHER, USERS MUST PROMPTLY NOTIFY US IF A PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF USER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF USER’S USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT USER’S ACCOUNT PAGE.

By purchasing a Subscription, User acknowledges that User’s Subscription has an initial and recurring payment charge at the then-current Subscription rate, User agrees that Zevbit may submit monthly charges, in advance to User’s chosen payment method without further authorization from User, until User provide notice to Zevbit that User wishes to cancel User’s Subscription or to change User’s payment method. User further accepts responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Zevbit after the expiration date of your payment card.

Subscriber may change or terminate Subscriber’s Subscription by emailing us at [email protected]. If Subscriber terminates Subscriber’s Subscription, Subscriber may use Subscriber’s Subscription until the end of the then-current billing cycle, and the Subscription will not be renewed after that period expires. Zevbit does not refund any pre-paid portion of the Subscription fee. Zevbit may immediately terminate or suspend Subscriber’s Subscription for any reason or no reason in accordance with these Terms of Service. If we terminate or suspend Subscriber’s Subscription, Subscriber’s license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable).

5. FREE TRIAL

If you opt-in to use a free trial of the Services (“Free Trial”), all terms in this Terms of Service and Agreement will be applicable to you (including Section 4, the Purchase Terms, once you are ready to fully commit to the Services). Zevbit has the absolute and sole discretion to modify, cancel or update the provision, availability or terms of the Free Trial.

6. INTELLECTUAL PROPERTY

The Services contains material, such as software, text, graphics, images, and other material provided by or on behalf of Zevbit (collectively referred to as the “Content”). The Services and the Content are protected under United States and foreign laws. The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Zevbit and our licensors exclusively own all right, title, and interest in and to the Services, Content, Aggregate Data and Usage Data including all associated intellectual property rights.

Subject to the terms and conditions of these Terms of Use, Zevbit grants you a limited, non-transferable, non-exclusive, license to access and use the Services and the Content solely for your personal purposes. You may not (i) remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Content, or (ii) sell, transfer, assign, license, sublicense, or modify the Services or the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of Zevbit (the “Zevbit Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Zevbit. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Zevbit Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Zevbit Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. FEEDBACK

As a registered User of our Services, you may elect to provide us with feedback, comments, and suggestions with respect to our Services (“Feedback”). You agree that Zevbit will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.

8. USAGE RIGHTS AND RESTRICTIONS

Subject to the terms and conditions of this Agreement, Zevbit grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal purposes. Zevbit may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:

You will not upload, post, chat, e-mail, transmit, or otherwise make available any User Data that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not allow anyone to access and use your account;
You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
You will not remove or modify any proprietary markings or restrictive legends placed on the Services; and
You will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.

Zevbit reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.

9. NO WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY ZEVBIT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZEVBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZEVBIT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, THE PRODUCTS, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

10. ADDITIONAL DISCLAIMERS

ZEVBIT WILL NOT BE RESPONSIBLE FOR ANY UNDERESTIMATATION, PRODUCTION MISTAKE, MISCALCULATION OR ANY OTHER ERROR CAUSED BY A USER IN THE COURSE OF USING THE SERVICES. USERS ACKNOWLEDGE THAT ANY PROJECTED DATES OF COMPLETION INCLUDED IN A GENERATED ESTIMATE TEMPLATE ARE APPROXIMATIONS AND SHOULD NOT BE RELIED UPON. USER REPRESENTS AND WARRANTS THAT THEY WILL REVIEW EACH GENERATED ESTIMATE TEMPLATE, RATES AND PRICING INCLUDING ALL INFORMATION CONNECTED TO USING THE SERVICES BEFORE GENERATING A CONTRACT, ESTIMATE OR COST BREAKDOWN TO USE WHILE PROVIDING SERVICES.

11. COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. AFFILIATE MARKETING TERMS

If you would like to be a part of our affiliate marketing program (“Affiliate Marketing Program”), the following additional terms apply to you:

Users of the Platform as well as those who are just interested in the Marketing Program are eligible to become affiliate marketers (“Affiliate Marketers”) of Zevbit. Affiliate Marketers must agree to these terms (“Affiliate Terms”).

Affiliate Marketers will be given an affiliate link (“Affiliate Link”) to share with their friends, families and followers on their social media accounts and networks (“Referrals”). If an individual signs up for a Free Trial or a Zoom Demo (a scheduled demonstration of ZevBit Software involving a potential client and a ZevBit team member) or purchases a Subscription on the Platform, as a result of the Affiliate Marketer’s Referral (“Referral Purchase”), the Affiliate Marketer will receive a commission based on each Referral Purchase (“Commission”) subject to the commission terms below.

Commissions

For each Referral Purchase, an Affiliate Marketer will either receive a 3% or 5% Commission. An Affiliate Marketer will receive a 3% Commission if the Referral Purchase signs up for a Zoom Demo and a 5% Commission if the Referral Purchase signs up for a Subscription or a Free Trial without a Zoom Demo.

If a Referral upgrades their Referral Purchase of a Subscription to a higher level, the Affiliate Marketer would receive a 5% Commission based on the new upgraded Subscription price. Similarly, if a Referral downgrades their Referral Purchase of a Subscription to a lower level, the Affiliate Marketer will receive a 5% Commission based on the new downgraded Subscription price.

The Affiliate Marketers will continue to get Commissions on their successful Referrals for as long as the Referral Purchase is an active paying User of the Platform.

Please note that Zevbit has the absolute and sole discretion to modify, cancel or update the provision, availability or terms of the Affiliate Marketing Program, Affiliate Terms and the commission terms at any time.

13. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

14. BINDING ARBITRATION

In the event of a dispute arising between you and Zevbit under or relating to this Agreement or the Services (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR ZEVBIT CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Zevbit, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Zevbit will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 20 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

15. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Delaware for purposes of any such action by us.

17. EXTERNAL SITES

The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

18. CHANGES TO THE AGREEMENT

These Terms of Service are effective as of the last updated date stated at the top. We may change these Terms of Service from time to time with or without notice to you. Any such changes will be posted on the Site. By accessing the Services after we make any such changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.

19. DOWNLOADING THE APPLICATION

Apple App Store
- We make the Services available through the Apple App Store. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement.
- You acknowledge and agree that (i) the Agreement is concluded between you and Zevbit only, and not Apple; and (ii) Zevbit, not Apple, is solely responsible for the Platform and content thereof. Your use of the App must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Zevbit and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zevbit.
- You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between Zevbit and Apple, Zevbit, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App against you as a third-party beneficiary thereof.
Google Play Store
- We make the Services available through the Google Play Store. The following applies to the App when you download it from the Google Play Store (the App when downloaded from the Google Play Store shall be referred to herein as “Google-Sourced Software”) These terms are in addition to all other terms contained in the Agreement.
- You acknowledge that these Terms of Service are between you and Zevbit only, and not with Google, Inc. (“Google”).
- Your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Use.
- Google is only a provider of Google Play where you obtained the Google-Sourced Software;
- Zevbit, and not Google, is solely responsible for the Google-Sourced Software;
- Google has no obligation or liability to you with respect to the Google-Sourced Software or these Terms of Use;
- You acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Google-Sourced Software.

20. GENERAL

No failure or delay by Zevbit in exercising any right or remedy under the Agreement will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of the Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of the Agreement will remain in full force and effect. The Agreement constitutes the final and complete agreement between you and Zevbit regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of the Agreement. Terms which by their nature are intended to survive indefinitely shall survive and shall apply to you even if you have canceled your account or stopped using the Services, including, without limitation, the limitations of liability, indemnity, and dispute resolution provisions.

21. HOW TO CONTACT US

If you have questions about the Agreement or our Services, please contact us via email at [email protected].