Welcome to Zivy, Inc

Zivy, Inc (and/or its Affiliates) (“Company”, “us”, “we”, “our” and their respective connotations) operates https://zivy.app/ (“Platform”) for providing the Services (defined below). The Platform gathers certain information with prior consent from the following: (a) the users utilising the Platform as described in the Terms (defined below), and (b) any visitors of the Platform (collectively “Users” or “you” and their respective connotations).

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our Platform and Services.

Our Privacy Policy (“Privacy Policy”) also governs your visit to and access to our Platform, and explains how we collect, safeguard and disclose information that results from your use of our Services.

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

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

Thank you for being responsible.

Our Platform assists Users in effectively managing their work communication across various applications (collectively, “Services”).

By creating an Account (defined below) on the Platfrom, 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 emailing at contact@zivy.app .

If you wish to purchase any product or service made available through the Platorm (“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 for a Purchase 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, without any liability to you or to any other person whatsoever.

Any promotions (“Promotions”) made available through the Platform or access to the Services 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, the rules of the Promotion will apply.

We may, at our 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.

We may need you to enter your billing information to sign up for or to access the Free Trial, however you will not be charged by us until the Free Trial has expired. Once the Free Trial period expires, unless you’ve cancelled your Subscription in advance, you may be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

We reserve the right, at any time and without notice, to (i) modify the terms of service of the Free Trial, or (ii) cancel any Free Trial .

We may provide paid products and/or services, including payment-based subscription models for access to certain features of the Platform or certain Services, or the entire Platform and all the Services provided by us, as the case may be(“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 the Company cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Zivy, Inc customer support team at contact@zivy.app .

In case you cancel your Subscription, the Subscription will be valid and effective till the end of such Billing Cycle for which fees have been paid by you, and thereafter, the Subscription will not be renewed automatically.

We use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details and the same are directly provided by you to our third-party payment processors, whose use of your Personal Data is governed by their respective privacy policies. You shall provide us 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 us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we 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.

We may, at our sole discretion and at any time, modify the Subscription fees applicable to any or all the Subscription plans. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We 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 the Platform and/or the Services after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

You may access the Platform and use the Services only for lawful purposes and in accordance with the Terms. You agree not to access the Platform or use the Services:

1. (a) in any way that violates any applicable national or international law or regulation;
2. (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;
3. (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;
4. (d) to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity;
5. (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; or
6. (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and/or the Services, or which, as determined by us, may harm or offend the Company or other Users, or expose other Users to any liability.

Additionally, you agree not to:

1. (a) use the Platform and/or the Services in any manner that could disable, overburden, damage, or impair the Platform and/or the Services or interfere with any other User’s use of the Platform and/or the Services, including their ability to engage in real time activities through the Platform and/or the Services;
2. (b) use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on Platform;
3. (c) use any manual process to monitor or copy any of the material on the Platform for any other unauthorized purpose without our prior written consent;
4. (d) use any device, software, or routine that interferes with the proper working of the Platform;
5. (e) introduce any viruses, trojan horses, worms, logic bombs, or other material to the Platform which is malicious or technologically harmful;
6. (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform or the Services;
7. (g) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
8. (h) take any action that may damage or falsify the Company’s rating; or
9. (i) otherwise attempt to interfere with the proper working of the Platform.

The Platform and the Services are not intended for use by children under the age of 18 (“Child” or “Children”). 

By accessing the Platform or using the Services, you warrant and represent that you are not a Child, and have the full authority, right, and capacity to enter into the Agreements, and abide by all of the terms and conditions of the Agreements. If you are a Child, you are prohibited from both the access and usage of the Platform and the Services.

When you create an account with us (“Account”), you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Provision of inaccurate, incomplete, or obsolete information by you to us may result in the immediate termination of your Account on the Platform.

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 the Platform or a third-party service through the Platform. 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 any username that is not lawfully available for use, or 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 at our sole discretion, without any liability from any person whatsoever.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and the Services, are owned by the Company. The User agrees that the Company and its licensors retain all rights, title, and interest (including all intellectual property rights) in and to the Platform, Services, all documentation, services deliverables, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including Feedback (collectively, “Company Technology”, and that the Company and its licensors or other providers of such material and are protected by Indian, United States, international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. 

The User acknowledges that the User is obtaining the right to access the Platform and use the Services, and that irrespective of any use of the words “purchase”, “sale” or like terms, in no case will any ownership rights be conveyed or be deemed to be conveyed to the User under these Terms.

No material on the Platform or the Services may be copied, modified, reproduced, downloaded, published or distributed by the User in any way, in whole or in part, without the express prior written permission of the Company, unless and except as is expressly provided in these Terms. Any unauthorized use of any material on the Platform or the Services is prohibited.

You may provide feedback to us directly at contact@zivy.app 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) the Company may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the 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.

You acknowledge that from time-to-time we may utilize third-party software, such as publicly-distributed software (e.g., third-party software commonly known as “free software” or “open-source software” subject to one or more third-party license agreements), or other third-party documentation and information in generating the Platfrom or providing the Services to you under the Agreements. We may incorporate such third-party software into the Platform and/or the Services or make use of such third-party software in the Services. Under no circumstances will we be liable in any way for any content, open-source software, or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, open-source software, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation), in our sole discretion, to refuse or remove any content or open-source software that is available on the Platform or via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content and open-source software that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content on any open-source software or any third-party material.

The Platform may integrate or contain links to third party web sites or services, ex: Slack, Google etc., that are not owned or controlled by the Company.

The Company 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 THE COMPANY 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. 

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

NEITHER THE 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 PLATFORM OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM OR 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 PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE 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.

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Platform or the Services; (b) violation of the Agreements or any applicable law or regulation; or (c) violation of any right of a third party.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS 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 PLATFORM AND/OR THE 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.

We may terminate or suspend your Account and bar access to the Platform or the Services 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 these Terms.

Please note that if your access to the Platform and/or the Services has been removed, restricted, cancelled or suspended, we do not have an obligation to restore the same unless otherwise required under applicable law. If You believe Your access has been terminated in error, you may contact us at contact@zivy.app .

If you wish to terminate your account, you may simply discontinue using the Platform or the Services.

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

These Terms along with the Privacy Policy constitute the entire agreement between the Company and the Users regarding the Platform and the Services, and supersede and replace any prior agreements the Company and any User might have regarding the Platform and/or the Services.

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

We may amend these 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 the Platform or using the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to access the Platform or use the Services.

No waiver by the Company of any term or condition set forth in these 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these 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 these Terms will continue in full force and effect.

The Agreements shall be governed and construed in accordance with the laws of Bengaluru, India for Users residing in India and laws of State of Delaware for Users residing outside India, without regard to its conflict of law provisions.

This section applies to any dispute except any dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or the Company’s intellectual property rights. The term “dispute” means any dispute, action, or other controversy between you and Zivy concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

1. Notice of Dispute. In the event of a dispute, Zivy or you must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute via email to: contact@zivy.app. Zivy will send any notice of dispute to you by mail to your address if we have it, or otherwise to your email address. Zivy and you will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date of a notice of dispute.

1. If any dispute is not resolved in accordance with the foregoing, Zivy or you may approach the courts located either in Bengaluru for Users residing in India or state or federal courts located in Delaware for Users residing outside India. Zivy and you hereby consent to the jurisdiction of such courts.

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

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

By email: contact@zivy.app