ZEERVI Terms & Conditions

Terms & Conditions

Last Updated: Sept 08, 2023

Our Service

1- We provide a software application known as Zeervi, hereinafter referred to as the “Service,” to its customers.

2- By using the Service, you, the customer, hereby agree to these Terms and Conditions, which govern the order and provision of services by Zeervi. These Terms and Conditions are subject to change, and it is advised that you periodically review them on our website.

3- Your continued use of the Service, as well as any additional services offered by Zeervi through the Zeervi application, signifies your acceptance of these Terms and Conditions, including any future amendments.

Eligibility

By registering and using the Service, you confirm that you acknowledge your responsibilities as outlined in these Terms and Conditions.

Registration & Account Integrity

1- During the registration process, it is necessary for you to create an account by providing a username and password. It is your responsibility to ensure that the information you provide is accurate, truthful, and pertains to you. It is strictly prohibited to create an account or use a username and password that belongs to another person or to utilize words that are the trademarks or property of another party (including ours). Furthermore, the use of vulgar, obscene, or inappropriate language is not permitted. We retain the right, with or without prior notice, to suspend or terminate any account that violates these terms. 

2- In cases where we grant an organization multiple user licenses for the Service, it is imperative that these licenses are strictly adhered to. Sharing user licenses among multiple users is not allowed. Violation of this condition will result in the termination of individual accounts or all accounts associated with the organization. 

3- If you suspect that your username and password have been compromised or obtained by another party, it is crucial that you contact us immediately. Please be aware that we will never contact users and request them to confirm their username, password, or any other personal details.

Pricing, Plans & Features

1- Please refer to our website’s pricing page for the most up-to-date information regarding pricing and plans. 

2- We retain the right to modify pricing, plans, and available features without prior notice to you. 

3- In our sole discretion, we may impose charges for our subscription plans and features, as well as adjust the associated pricing for the use of the Service or any of its components. It is your responsibility to comply with any fair usage policy that may be in effect from time to time. Failure to meet the requirements outlined in the fair usage policy may result in limited access to certain features during your use of the Service.

Payment and Credit Control

1- All Services are invoiced monthly and yearly as per the agreement.

2- For Monthly accounts, your payment will be due on the same date each month going forward.

3- To keep your account(s) active, it is a requirement to provide a valid debit or credit card at all times.

4- In the event that a credit or debit card payment request is declined by your card company or bank (regardless of the reason), access to your account(s) may be immediately suspended until a valid payment is processed and a valid credit or debit card is associated with your account(s).

Cancellation

To cancel your Zeervi subscription, please complete the cancellation form provided upon request via email at info@zeervi.com. Kindly note that the cancelation process will only commence upon receipt of the completed cancelation form.

Please be aware that any cancellation made through means other than the designated cancellation form, such as telephone calls, faxes, texts, or live chats, will not be considered valid.

Refunds will not be issued for any unused days remaining in Monthly or Annual accounts. 

In the case of an Annual account cancellation within the first 12 months, payment will still be required until the full 12-month period has expired. No refund will be provided for any remaining days in a Monthly cancellation.

Upgrading or Downgrading Accounts

Users have the option to upgrade or downgrade their accounts and the Services provided at any time. 

If an account is downgraded, the user will be responsible for all data within the account and any data loss resulting from the downgrade and removal of any Service associated with the account. 

Prior to requesting a downgrade in Service, users are advised to back up and download their account data. 

No refunds will be given for downgraded Monthly accounts that have been downgraded before the monthly charge is due. The reduced monthly charge will automatically be applied on the regular monthly charge date. 

For Annual accounts (if available), no refund will be given for the remaining months of the Service if the user chooses to downgrade the account. Additionally, no refund will be given for the remaining days in the month of the downgrade. 

If an Annual account is upgraded, the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

Technical Support

Technical support is offered through email and other selected methods to ensure that users receive an appropriate level of service. 

We retain the discretion to withhold technical support from users with free or trial accounts or from any user if we determine their request to be unreasonable.

Specific Service Rules

As a user, you agree not to engage in any of the following activities, but not limited to:

1.1. Engaging in abusive, harassing, threatening, stalking, defamatory, or any other behavior that seeks to violate the rights of Zeervi, another user of the service, or a third party. 

1.2. Publishing or distributing any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable. 

1.3. Using or collecting data provided by other users in a manner that they would object to.

1.4. Encouraging illegal activity or activity that infringes upon the rights of other Service users or third parties, whether individuals or organizations. 

1.5. Providing or posting content with the intention to deliberately mislead other users or third parties, including content falsely attributed to or endorsed by us. 

1.6. Impersonating another user, third party, or organization employee in order to obtain user or third-party information. 

1.7. Transmitting or transferring any viruses, trojans, worms, or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy, or impair any computer hardware or equipment. 

1.8. Attempting to gain unauthorized access to our servers or other equipment in order to disrupt, impair, overload, or compromise the safety, security, or privacy of any of the Services provided by us and relied upon by users. 

1.9. Modifying or repurposing the Service or any content on it, removing, obscuring, or blocking any notices (including advertising) provided by us on the Service. 

1.10. Uploading or providing access to content on the Service or linking to other content from the Service that infringes upon the trademark, patent, trade secret, or any other proprietary right of a third party or violates any intellectual property law. 

1.11. Sending junk or spam emails or engaging in activities such as pyramid schemes, chain letters, or any other activity that encourages users and others to waste their time and/or money. 

1.12. Using any robot, spider, scraper, or other technical means to access the Service or any content on the Service.

If you send unsolicited bulk email (spam) or any other bulk communications, it will be considered a breach of these Terms and Conditions and will cause harm to us and the Service. The extent of the harm is difficult to determine; therefore, you agree to pay us £50 for each individual email or communication sent to a user or third party. 

  1. Please note that the list provided above (10. ) is not exhaustive. We reserve the right to remove any content and suspend or terminate the account of any user, without notice, if we determine that they are in breach of these Terms and Conditions.

Intellectual Property Rights

All intellectual property rights, referred to as “IP Rights,” that are associated with or arise from the Services will be owned by us, except for any IP Rights in materials provided by you. 

For clarification, IP Rights include patents, rights to inventions, copyright, and related rights, moral rights, trademarks and service marks, business names, and domain names, rights in get-up, goodwill, and the right to take legal action against passing off, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights. This includes both registered and unregistered rights, as well as applications, renewals, extensions, and the rights to claim priority from such rights. It also encompasses similar or equivalent rights or forms of protection that currently exist or will exist in the future, regardless of the geographical location. 

During your use of the Service, we agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free license to copy the specified deliverables in your order. This license is granted for the purpose of receiving and using the Services and the mentioned deliverables within your business. 

You warrant and undertake to us that you will not sublicense, assign, or otherwise transfer the rights granted in Clause 11.3.

Content Ownership

As a user, you maintain complete ownership rights to any content you provide. However, you agree to grant us a fully paid-up, non-exclusive, royalty-free, and non-transferable license to copy and modify any materials you provide to us for the duration of the Contract. This license is solely for the purpose of providing the Services to you. 

By posting content on the Service, you warrant that it does not infringe upon the rights of any third party. If any content is owned by a third party, you agree to be solely responsible for paying any royalties, fines, or settlements owed to that party. You will not seek any contribution from us in fulfilling this obligation.

Copyrighted Material

We strictly prohibit and discourage users from posting copyrighted or proprietary content or information that they do not legally own. 

Upon receiving notification from the rightful owner of such content, we will promptly remove the content from our Service. However, we will only take action if we can reasonably determine the true owner of the content. 

If you are the owner of copyrighted or proprietary content and believe that your rights have been violated, please contact us as soon as possible and provide all relevant information in written form.

Content Monitoring

Users have the liberty to contribute content to the Service. We do not actively oversee or accept liability for any content uploaded onto the Service. In the event that we choose to monitor the Service at any given time, it does not imply that we take responsibility for the removal of any content or the behavior of any users, either presently or in the future.

Termination

Your user account and all associated content and materials may be terminated by us at any time if these Terms and Conditions are violated. Such termination may occur without prior notice. As a user, you have the option to terminate your account at any time (subject to any payment plan agreed upon) and are permitted to delete any content you have created upon termination. 

Certain clauses within these Terms and Conditions are intended to remain in effect and continue after termination, including (but not limited to) clauses 11 and 18.

Access and Backups

We make every effort to ensure that the Service is consistently available and fully operational. However, we cannot be held liable for any periods of downtime or subpar performance of our servers or infrastructure or for instances where the Service is unavailable due to factors beyond our direct control. 

It is your sole responsibility to back up any content or data that you input into the Service. We highly recommend that you consistently and comprehensively back up all of your content and data on the Service.

Disclaimer

The accuracy of any content on the Service, as well as any advertisements placed on the Service, is not within our responsibility. 

We are not accountable for any links to third-party websites that may be found on the Service. The inclusion of a link does not indicate our endorsement of a third-party website or Service.

Indemnity

By using the Service or any other Service provided by us, you are acknowledging and accepting the responsibility to compensate and protect us, our subsidiaries, affiliates, partners, as well as their respective officers and employees, from any loss, fines, fees, liability, or claim made by any third party resulting from your violation of these Terms and Conditions.

Privacy

The Service is subject to the regulations outlined in our Data Processing Addendum, which is included in these Terms and Conditions through reference.

Severability

The preceding paragraphs, sub-paragraphs, and clauses of these Terms and Conditions shall be interpreted separately and individually. In the event that any portion of this agreement, as well as its paragraphs, sub-paragraphs, or clauses, is deemed invalid, it will not impact the validity of the remaining paragraphs, sub-paragraphs, and clauses.

Waiver

Our failure to enforce any rights that have been accumulated under these Terms and Conditions should not be interpreted or considered as a waiver of those rights unless we acknowledge the waiver in writing.

Jurisdiction

The Terms and Conditions will be interpreted, construed, and enforced in accordance with the laws of England. They will be subject to the exclusive jurisdiction of the courts of England.

Use of Third-Party Services

As part of our implementation service, we may suggest engaging third-party entities to handle specific development or integration needs that you may have. 

Please note that we cannot be held responsible for any problems or delays that may arise from the use of third-party technology, information, or services, and we shall not be held liable for any such issues. 

However, you have the right to introduce us to another third-party development agency with whom you already have an established relationship.

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