EULA - End User License Agreement
TERMS OF SERVICE
This Terms of Service (“TOS”) is a legal contract between you and Zapya (“Zapya”, “we”, “our”), governing your use of mobile or web services or mobile or web software (“Zapya Software”) owned, controlled or offered by Zapya (collectively, the “Zapya Services”). “You” refers to any individual who uses the Zapya Services. PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS THAT DISCLAIM OR LIMIT THE LIABILITIES OF ZAPYA AND THE TERMS THAT LIMIT THE RIGHTS OF USERS . BY USING THE ZAPYA SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, YOU MUST NOT USE OUR SERVICES.
You Must Be Able to Enter into a Contract and Comply with the Law: You must have the ability to form a binding contract with Zapya. You may use the Zapya Services only in compliance with this TOS and all applicable local, state, national, and international laws, rules and regulations. If you are considered a minor in your jurisdiction, you may not use our Services unless your parent or guardian agrees to this TOS.
Your Use of Our Services May Be Subject to Additional Guidelines: When using any of the Zapya Services, you may be subject to additional guidelines or rules applicable to certain features, which we may post occasionally (collectively, the “Guidelines“). These Guidelines are also incorporated by reference into this TOS.
1. Zapya Retains All Rights in the Zapya Services: All rights, titles, and interests in and to the Zapya Services are and will remain the exclusive property of Zapya. Zapya Services are protected by intellectual property laws and other proprietary rights of the local and foreign countries. Zapya grants you no license to any Zapya Services or any other Zapya content beyond what is expressly granted in this TOS nor any rights to use the Zapya trademarks, logos, domain names, or any other rights related to brand features.
2. Zapya Has the Right to Deliver Commercial Information: You agree that Zapya, by using all kinds of ways, deliver commercial advertisements or any other kinds of commercial information in providing Zapya Services (including but not limited to PC terminal or mobile terminal).
3. We Can Modify the Zapya Services: In consideration of the particularity of web service (including but not limited to situations, like the stability of server, malicious network attacks and etc., which we cannot control), the adjustment of company operation strategies, products iteration or the requirements of compliance, We reserve the right to modify, suspend, or cancel the Zapya Services (or any features within the Zapya Services) to you or to users generally, at any time and for any reason. When we do so, we will notify you.
4. Open Source and Third-Party Code Have Their Own Licenses: All open source or third-party code incorporated in the Zapya Services is covered by the applicable open source or third-party end user license agreement, if any, that authorizes the use of such code.
Restrictions on Your Use of the Zapya Services
1. The Integrity of Your Zapya Account Information Is Your Responsibility: You must ensure that all information relating to your account is kept accurate and up to date at all times. We will not be liable for any damages or liabilities resulting from your failure to keep your account information accurate, up to date, or secure. We need your information to keep in touch with you and (for usernames and the like) to let you use our products. Please make sure it’s correct, and keep it safe.
2. Obey the Law and Our Rules: You may not use the Zapya Services in any way that violates any law or regulation, harms any person, infringes any person or entity’s rights (including but not limited to intellectual property and other proprietary rights), or violates this TOS.
You may not post any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates this TOS. You may not harass, annoy, intimidate or threaten users of the Zapya Services or employees or agents of Zapya.
3. You May Not Circumvent Our Security: You are permitted to access and use the Zapya Services only through the means we expressly provide to you. Please don’t break our stuff or compromise our security. In order to ensure your access to our file transfer and sharing service, we have to protect our app security. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Zapya Services, including executable and configurable content. You agree not to violate any of Zapya’s rights and/or interests, or do any things that are unfavorable to Zapya.
4. Respect Our Intellectual Property: The license granted to you in this TOS is solely for the purpose of allowing you to use the Zapya Services. You may not violate any exclusive rights that we have under any intellectual property or other proprietary rights laws.
5. You May Only Use Zapya to Transfer and Share Healthy Content Which Does Not Violate Laws: Our services are only provided to function on and used as file transfer and sharing tool. You may not use Zapya Services for nay unlawful purpose. You must be responsible for your use behavior. All disputes, litigations or other results triggered by your improper use of our service shall be undertook by you, which have nothing to do with Zapya. You may not execute Zapya's software in any other environment, e.g., in an emulated environment, as a research tool, or in any other way to develop or support another product, or use results derived from use of Zapya’s client for any other purpose, e.g. to verify a set of known results or to scan, actualize, or support any other services, without our explicit written consent. Contact us at firstname.lastname@example.org to request such access.
6. Only You Can Use Your Account: You may not sell, transfer, or allow any other person to access your account unless otherwise provided.
1. You Own Your User Data: Zapya Services allow you to submit, store, host, share, or publish content (we call this collectively as “User Data”). Unless we send you a contrary notice, you will retain all ownership rights to your User Data that you transfer to Zapya. When you submit User Data to Zapya, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through the Zapya Service on your behalf, solely for the purpose of providing the Zapya Services.
2. Your User Data Is Your Responsibility: You are solely responsible for your User Data. We assume no responsibility whatsoever for anything related to or arising from User Data. We do not endorse and have no control over User Data. We reserve the rights to prevent you from submitting User Data and to restrict or remove User Data for any reason, at any time, but we do not assume a duty to monitor any User Data.
3. Data Collection: Certain Zapya Services may also use data from your wireless device to determine your location (we call this “Location Data”). In order to provide better user experience, Zapya may also collect and analyze your behavior of using Zapya Services. You permit us (under the premise of securing your privacy) to use your information to provide Zapya relative service for you.
4. Feedback You Provide: If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we apply these feedbacks to improve, perfect or develop new products or services, all the intellectual properties belong to Zapya. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
Expressly authorized in advance by the user;
For the purpose of protecting social interests;
Information that the user makes known to public on internet or other personal information that has been lawfully made public;
Personal information obtained through legal channels;
The user infringes the lawful rights and interests of Zapya; Zapya use the information to protect the aforesaid lawful rights and interests and to the necessary extend;
Upon the requirements of government departments, laws or regulations;
Other necessary situations.
2. In order to improve our service quality, the Zapya Services may include links to other web sites or services. Your use of these third-party sites and services is governed by their terms of service, privacy policies, and other agreements. We disclaim all liabilities relating to your use of such third-party sites or services. Meanwhile, if this cooperation needs data exchange, you agree that Zapya provide necessary information to the third-parties on the premise that theses third-parties agree to bear the same liabilities of protecting privacy of users, and they agree that the User Data only be used for the purpose of cooperation. Furthermore, Zapya will monitor and regulate the third parties’ behavior of using the User Data and make all reasonable attempts to protect the security of user’s personal information.
Termination and Suspension of service to you
We may terminate or suspend your access to your account or any or all of Zapya Services without prior notice and without liability, including but not limited to such termination or suspension being based on: (a) we reasonably believe that you have breached this TOS, (b) our determination that you repeatedly infringe or have infringed the copyrights of others, (c) you fail to use our services for a prolonged period. We will make a reasonable attempt to notify you of any termination or suspension of your access to the Zapya Services by the email address associated with your account or through the Zapya mobile app. We reserve the right to terminate Free Accounts and free access to Zapya Services（whole or part）at any time, with or without notice and without any liability of any kind.
Disclaimers, Indemnity, and Limitations of Liability
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY: THEY MAY LIMIT THE LIABILITY OF ZAPYA AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “ZAPYA ENTITIES”).
We could not guarantee the truth, accuracy or integrity of the information, content or advertising (“information”) obtained from Zapya. If any company or individual wants to use the information to take any action, he may bear the risks. We disclaim any direct, indirect, incidental or derivative losses or liabilities.
We only provide you an application which can transfer and share healthy and legitimate contents. Please don’t use this application to hurt anyone or engage in illegal activities. If your behavior causes any damages or infringes any third party’s legitimate rights, you may solve yourself and bear corresponding liabilities of compensation.
Zapya will not assume any guarantee or warranty liabilities for any third-party software, services, or applications.
You agree to indemnify and hold harmless Zapya and the Zapya Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the Zapya Services, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of this TOS.
• If you get into legal trouble because of something you did with our products, and we end up getting involved in your problems, you may pay us back (and let us take over the dispute, if we want). We just can’t be responsible for everything you do with our products.
c. Limitation of Liability
To the maximum extent permitted by law, Zapya and the Zapya Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the Zapya Services, even if Zapya has been advised of the possibility of such damages.
Under any circumstance, the total aggregate liability of Zapya or the Zapya Entities for all damages, losses, or causes of action in connection with these terms or our services or software, arising out of any circumstances, will be limited to the greater of the following amounts: (1) the amounts you paid to access the Zapya Services during the twelve (12) months immediately preceding the date of your claim or (2) one thousand U.S. dollars, whichever is greater.
The limitations of liability set forth in this section will survive any termination or expiration of this TOS.
It’s hard to put a price on your data— and it would be irresponsible for Zapya to be your only option for transferring storage and backups. Since we can’t be responsible for everything someone might lose, we limit what we’re willing to pay in the event of a lawsuit to a reasonable amount. If you transfer and store valuable data with us, you should also maintain additional backups and security measures.
Governing Law and Dispute Resolution
Except to the extent that: (i) any applicable additional terms incorporated into this TOS provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court))), any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this TOS, including its existence, validity, interpretation, performance, breach or termination, will be governed, construed and interpreted in accordance with the laws of China. Our goal is for you to be happy and satisfied. If you have any dispute with Zapya, you agree to contact us and attempt to resolve the dispute with us by negotiation. If we do go to court, we can’t agree to fly all over the world — we need to do it near us.
1. Severability: If any provision of this TOS is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, the invalidity of such provision will not affect the validity or enforceability of any other provision of this TOS.
2. No Waiver: If we do not enforce any right or provision of this TOS, this is not to be deemed a waiver of our right to do so in the future.
3. No Assignment or Transfer: Due to our operation needs, any right or license that we grant you may not be transferred or assigned by you, and you agree that the operation rights of Zapya Service be assigned or transferred by Zapya.
4. Entire Agreement: This TOS constitutes the entire agreement between you and Zapya concerning the Zapya Services. This TOS also supersedes all prior or contemporaneous agreements between you and Zapya.
5. We Can Modify This TOS: Zapya may modify this TOS from time to time. Any changes to this TOS will be posted on our website or mobile app. You agree to be bound by any changes to the TOS if you continue to use the Zapya Services after those changes are posted. If you don’t agree those changes, you can refuse to use Zapya service.
6. Notice: All notices under this TOS could be announced by means of websites, email, system, short message or regular mail delivery. Such notices shall be deemed to be delivered to recipients at the date of sending.
Your notice to Zapya should be delivered according to mailing address, fax number or email address which is officially released by Zapya.
7. Termination: The provisions of this TOS that require or contemplate performance after the termination of this TOS, and all provisions relating to limitation of liability, disclaimers, and indemnification, will be enforceable regardless of any termination of this TOS.
8. Annotations and Summaries Are Not Parts of This TOS: As you can see, Zapya provides short annotations and summaries of sections of this TOS. These annotations and summaries are purely for informational purposes and are not legally binding parts of this TOS, nor should they be understood as definition or context of this TOS.
ZAPYA TERMS OF SERVICE (USA-SPECIFIC TERMS)
If you are a user of our services in the United States of America, the below terms are incorporated into this TOS, and override this TOS to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
ZAPYA TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS)
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
• In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
• In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.