Terms of Use Agreement

Last updated: September, 2021

This Terms of Use Agreement (this “Agreement”, “Terms”) is made between Zill and its affiliates and related entities (collectively, “Zill”, or the "Website", or the "Application (including applications for tablets and other smart devices)) and the user of Zill and its affiliate services (“You”, “Registered Non-Member” or “Member”) with respect to communications with other members and other online services provided by Zill (the “Service”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Registration

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

By using Service you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may have only one account with the Service.

There is no tolerance for objectionable content or abusive users. The following is a partial list of content that is illegal or prohibited on the Service. We reserve the right to investigate and take appropriate legal action at our sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and deleting account of such violators. Prohibited content includes, but is not limited to, content that:

- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

- provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;

- harasses or advocates harassment of another person;

- promotes information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not include in your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in your correspondence with other members any URLs, email addresses or telephone and fax numbers.

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.

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

Termination

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

We may terminate or suspend your account and access to the 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 the Terms.

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

Non-Commercial Use

Zill mobile application is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities are not entitled to use the Service for any purpose. Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that you will not create any databases, websites, applications, software, legal entities and services competitive with Zill. You further guarantee and warrant that you will not use the Service for any commercial purposes, and/or send or receive funds thorough the Service, and/or create accounts with fake usernames. You further guarantee and warrant that you will not be paid for using the Service. Such activity will be investigated, your account may be deleted, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

Intellectual Property

We own licenses or otherwise retains all intellectual property rights in the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume 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 we 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 and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation Of Liability

Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements.

Although each user must agree to the Agreement, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.

Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of Malta 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 the Service.

You will attempt to resolve all disputes with respect to the Services through communication with our Customer Support Team. If parties are unable to resolve the dispute in 60 days, then such dispute or difference arising out of or in connection with this Terms shall first be referred to and finally resolved by arbitration administered by the Riga Arbitration Court (№ 40003756873) in accordance with the rules of the arbitral tribunal, composed of one arbitrator or in the State Court of the Republic of Latvia if You are not allowed to resolve the dispute by the arbitration.

Please also note should you chargeback any transactions billed to your account, we may be required to disclose any and/or all private communications sent/received by you through our Service in order to prove the validity of the charges billed to your account and our privacy policy will therefore not restrain any such disclosures.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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 the Service.

Contact Us

If you have any questions about these Terms, please contact our Customer Support Team.

Refund Policy