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5. Applicable Law and Jurisdiction
5.1 Governing Law: These Terms and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws principles.
5.2 Jurisdiction: Any legal action, suit, or proceeding arising out of or relating to these Terms or the use of the Services shall be instituted exclusively in the federal or state courts located in Franklin County, Columbus, Ohio, United States. You and Zoptiks LLC expressly consent to the personal jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over you by such courts.
5.3 Waiver of Class Actions: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You further waive any right to participate in any consolidated, class, or representative proceeding arising out of or relating to these Terms or the Services.
6. Governing Law and Dispute Resolution
6.1 Governing Law: These Terms shall be governed by, and exclusively construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws principles.
6.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms or the use of the Services shall be resolved through good faith negotiations between the parties.
6.3 Jurisdiction: If the dispute cannot be resolved through negotiations, either party may initiate legal proceedings in the Franklin County Court in Columbus, Ohio, United States of America, as the exclusive jurisdiction for the resolution of any such dispute.
7. Compliance with Applicable Laws
7.1 Section 508 Compliance: If the Services are used by government agencies or organizations, we strive to ensure compliance with Section 508 of the Rehabilitation Act, which requires accessibility for individuals with disabilities in electronic and information technology.
7.2 Children's Internet Protection Act: If the Services are used by schools or libraries in the United States, we comply with the Children's Internet Protection Act (CIPA) requirements regarding internet safety policies and content filtering.
11. Termination
11.1 Termination by Zoptiks LLC: Zoptiks LLC reserves the right to suspend or terminate your access to the Services, in whole or in part, without prior notice or liability, under the following circumstances:
11.1.1 Violation of Terms: If you violate any provisions of these Terms and Conditions or fail to comply with any obligations outlined herein.
11.1.2 Legal Compliance: If Zoptiks LLC believes, in its sole discretion, that your use of the Services violates any applicable laws, regulations, or third-party rights.
11.1.3 Unauthorized Use: If there is evidence of unauthorized or fraudulent use of the Services or if Zoptiks LLC reasonably believes that your account has been compromised or accessed by unauthorized individuals.
11.2 Effect of Termination: Upon termination of your access to the Services, you will no longer have the right to access or use the Services, and any licenses or rights granted to you under these Terms will immediately cease. You are responsible for immediately ceasing all use of the Services and deleting any copies of the Software or data associated with the Services in your possession.
8. Miscellaneous
8.1 Entire Agreement: These Terms constitute the entire agreement between you and Zoptiks LLC regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
8.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
8.3 Waiver: The failure of Zoptiks LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zoptiks LLC in writing.
8.4 Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Zoptiks LLC. Zoptiks LLC may freely assign or transfer these Terms without restriction.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any updates or modifications made by Zoptiks LLC from time to time. If you do not agree to these Terms, you must not access or use the Services.
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Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us at:
Zoptiks LLC
21 E State St. Columbus Ohio 43215
support@zoptiks.com
+1 888-875-0501
Terms and Conditions
Zoptiks LLC
Software as a Service and Cloud Infrastructure as a Service Terms and Conditions
Effective Date: May 20th, 2023
Please read this Software as a Service and Cloud Infrastructure as a Service Terms and Conditions ("Terms") carefully before accessing or using our services ("Services"). These Terms constitute a legally binding agreement between you ("User" or "you") and Zoptiks LLC ("Company" or "we" or "us") governing your use of the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms, you may not access or use the Services.
Software as a Service and Cloud Infrastructure as a Service Terms and Conditions
Effective Date: May 20th, 2023
Please read this Software as a Service and Cloud Infrastructure as a Service Terms and Conditions ("Terms") carefully before accessing or using our services ("Services"). These Terms constitute a legally binding agreement between you ("User" or "you") and Zoptiks LLC ("Company" or "we" or "us") governing your use of the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms, you may not access or use the Services.
Definitions
"Services" refers to the software as a service (SaaS) and cloud infrastructure as a service (IaaS) provided by Zoptiks LLC.
"User" refers to any individual or entity accessing or using the Services provided by Zoptiks LLC.
"Software" refers to the software applications, programs, and associated technologies provided by Zoptiks LLC as part of the Services.
"Cloud Infrastructure" refers to the virtualized computing resources, storage, and networking infrastructure provided by Zoptiks LLC as part of the Services.
"User Content" refers to any data, information, or materials submitted or uploaded by the User to the Services, including but not limited to text, images, videos, and files.
"Zoptiks LLC" refers to the company, Zoptiks LLC, offering the Software as a Service and Cloud Infrastructure as a Service.
"Terms" refers to these Software as a Service and Cloud Infrastructure as a Service Terms and Conditions governing the use of the Services provided by Zoptiks LLC.
"Personal Information" refers to any information that identifies or can be used to identify an individual, either alone or in combination with other information, as defined by applicable data protection laws.
"GDPR" refers to the General Data Protection Regulation, which is the European Union regulation on data protection and privacy.
"HIPAA" refers to the Health Insurance Portability and Accountability Act, which is a U.S. law that sets standards for the privacy and security of protected health information (PHI).
"PIPEDA" refers to the Personal Information Protection and Electronic Documents Act, which is a Canadian federal law that regulates the collection, use, and disclosure of personal information.
"COPPA" refers to the Children's Online Privacy Protection Act, which is a U.S. federal law that protects the privacy of children under the age of 13.
"FERPA" refers to the Family Educational Rights and Privacy Act, which is a U.S. federal law that protects the privacy of student education records.
"PPRA" refers to the Protection of Pupil Rights Amendment, which is a U.S. federal law that protects the rights of students and their parents in regard to surveys, analyses, or evaluations.
"DPA 2018" refers to the Data Protection Act 2018, which is the United Kingdom's domestic law that governs the processing and protection of personal data.
"LGPD" refers to the Lei Geral de Proteção de Dados, which is the Brazilian data protection law that regulates the processing of personal data in Brazil.
"Cybersecurity Law of China" refers to the Chinese law that governs cybersecurity and the protection of personal information in China.
"Privacy Act" refers to the Australian Privacy Act, which is the Australian law that regulates the handling of personal information by Australian entities.
1. License Grant
1.1 Grant of License: Subject to your compliance with these Terms, Zoptiks LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software as a Service and Cloud Infrastructure as a Service provided by the Company, solely for your personal or internal business purposes, in accordance with the terms and conditions set forth herein.
1.2 Restrictions: You may not, directly or indirectly: (a) copy, modify, distribute, sell, sublicense, lease, or otherwise transfer the Services or any portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Services; (c) use the Services in any unlawful manner or for any illegal purpose; (d) interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein; (e) remove, alter, or obscure any proprietary notices or labels on the Services; (f) use the Services to develop a competing product or service; or (g) access or use the Services in any way that violates applicable laws or regulations.
2. Intellectual Property Rights
2.1 Ownership: The Services, including all intellectual property rights therein, are and shall remain the exclusive property of Zoptiks LLC. These Terms do not grant you any rights to Zoptiks LLC's trademarks, logos, or other proprietary materials.
2.2 User Content: You retain all ownership rights to any content you submit or upload to the Services ("User Content"). By submitting User Content, you grant Zoptiks LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the provision and improvement of the Services.
3. Privacy and Data Protection
3.1 Data Collection and Processing: Zoptiks LLC complies with applicable privacy and data protection laws, including but not limited to:
3.1.1 United States COPPA Requirements: If the Services are directed at or used by children under the age of 13, we comply with the Children's Online Privacy Protection Act (COPPA) requirements regarding the collection, use, and disclosure of personal information of children.
3.1.2 Canada's PIPEDA Requirements: If the Services collect personal information of individuals in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) requirements regarding the collection, use, and disclosure of personal information.
3.1.3 United States PPRA Requirements: If the Services are used in schools, we comply with the Protection of Pupil Rights Amendment (PPRA) requirements regarding the collection, use, and disclosure of personal information from students.
3.1.4 United States IDEA Requirements: If the Services are used in schools and collect personal information from students with disabilities, we comply with the Individuals with Disabilities Education Act (IDEA) requirements regarding the confidentiality and protection of student records.
3.1.5 United States FERPA Requirements: If the Services are used in schools and collect personal information from students, we comply with the Family Educational Rights and Privacy Act (FERPA) requirements regarding the confidentiality and protection of student records.
3.1.6 European Union GDPR Requirements: If the Services collect personal information of individuals in the European Union, we comply with the General Data Protection Regulation (GDPR) requirements regarding the collection, use, and processing of personal data.
3.1.7 United States HIPAA Requirements: If the Services are used in the healthcare industry and collect or process protected health information (PHI), we comply with the Health Insurance Portability and Accountability Act (HIPAA) requirements regarding the privacy and security of PHI.
3.1.8 DPA 2018 (UK) Requirements: If the Services collect personal information of individuals in the United Kingdom, we comply with the Data Protection Act 2018 (DPA 2018) requirements regarding the collection, use, and disclosure of personal data.
3.1.9 Australia's Privacy Act Requirements: If the Services collect personal information of individuals in Australia, we comply with the Privacy Act requirements regarding the collection, use, and disclosure of personal information.
3.1.10 China's Cybersecurity Law Requirements: If the Services collect personal information of individuals in China, we comply with the Cybersecurity Law of China requirements regarding the collection, use, and protection of personal information.
3.1.11 Brazil's Lei Geral de Proteção de Dados: If the Services collect personal information of individuals in Brazil, we comply with the Lei Geral de Proteção de Dados (LGPD) requirements regarding the collection, use, and processing of personal data.
3.2 Data Security: We implement reasonable security measures to protect the confidentiality and integrity of your personal data. However, you acknowledge that no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of your data.
4. Warranty and Disclaimers
4.1 Disclaimer of Warranties: The Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory. Zoptiks LLC disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
4.2 Limitation of Liability: To the maximum extent permitted by applicable law:
4.2.1 We will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Services or any Content of the Services, whether based on warranty, contract, tort, negligence, statute, or other legal theory, whether or not we have been informed of the possibility of such damages.
4.2.2 Unless there is gross negligence or willful misconduct on our part, our liability for any financial consequential loss, operating loss, lack of savings, lost profits, goodwill, image, data loss, or indirect loss is excluded.
4.2.3 In any case, our total liability to you for any claim arising out of or in connection with these Terms or the use of the Services is limited to the amount you have paid to us for the use of the Services in the preceding 12 months.
"Services" refers to the software as a service (SaaS) and cloud infrastructure as a service (IaaS) provided by Zoptiks LLC.
"User" refers to any individual or entity accessing or using the Services provided by Zoptiks LLC.
"Software" refers to the software applications, programs, and associated technologies provided by Zoptiks LLC as part of the Services.
"Cloud Infrastructure" refers to the virtualized computing resources, storage, and networking infrastructure provided by Zoptiks LLC as part of the Services.
"User Content" refers to any data, information, or materials submitted or uploaded by the User to the Services, including but not limited to text, images, videos, and files.
"Zoptiks LLC" refers to the company, Zoptiks LLC, offering the Software as a Service and Cloud Infrastructure as a Service.
"Terms" refers to these Software as a Service and Cloud Infrastructure as a Service Terms and Conditions governing the use of the Services provided by Zoptiks LLC.
"Personal Information" refers to any information that identifies or can be used to identify an individual, either alone or in combination with other information, as defined by applicable data protection laws.
"GDPR" refers to the General Data Protection Regulation, which is the European Union regulation on data protection and privacy.
"HIPAA" refers to the Health Insurance Portability and Accountability Act, which is a U.S. law that sets standards for the privacy and security of protected health information (PHI).
"PIPEDA" refers to the Personal Information Protection and Electronic Documents Act, which is a Canadian federal law that regulates the collection, use, and disclosure of personal information.
"COPPA" refers to the Children's Online Privacy Protection Act, which is a U.S. federal law that protects the privacy of children under the age of 13.
"FERPA" refers to the Family Educational Rights and Privacy Act, which is a U.S. federal law that protects the privacy of student education records.
"PPRA" refers to the Protection of Pupil Rights Amendment, which is a U.S. federal law that protects the rights of students and their parents in regard to surveys, analyses, or evaluations.
"DPA 2018" refers to the Data Protection Act 2018, which is the United Kingdom's domestic law that governs the processing and protection of personal data.
"LGPD" refers to the Lei Geral de Proteção de Dados, which is the Brazilian data protection law that regulates the processing of personal data in Brazil.
"Cybersecurity Law of China" refers to the Chinese law that governs cybersecurity and the protection of personal information in China.
"Privacy Act" refers to the Australian Privacy Act, which is the Australian law that regulates the handling of personal information by Australian entities.
1. License Grant
1.1 Grant of License: Subject to your compliance with these Terms, Zoptiks LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software as a Service and Cloud Infrastructure as a Service provided by the Company, solely for your personal or internal business purposes, in accordance with the terms and conditions set forth herein.
1.2 Restrictions: You may not, directly or indirectly: (a) copy, modify, distribute, sell, sublicense, lease, or otherwise transfer the Services or any portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Services; (c) use the Services in any unlawful manner or for any illegal purpose; (d) interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein; (e) remove, alter, or obscure any proprietary notices or labels on the Services; (f) use the Services to develop a competing product or service; or (g) access or use the Services in any way that violates applicable laws or regulations.
2. Intellectual Property Rights
2.1 Ownership: The Services, including all intellectual property rights therein, are and shall remain the exclusive property of Zoptiks LLC. These Terms do not grant you any rights to Zoptiks LLC's trademarks, logos, or other proprietary materials.
2.2 User Content: You retain all ownership rights to any content you submit or upload to the Services ("User Content"). By submitting User Content, you grant Zoptiks LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the provision and improvement of the Services.
3. Privacy and Data Protection
3.1 Data Collection and Processing: Zoptiks LLC complies with applicable privacy and data protection laws, including but not limited to:
3.1.1 United States COPPA Requirements: If the Services are directed at or used by children under the age of 13, we comply with the Children's Online Privacy Protection Act (COPPA) requirements regarding the collection, use, and disclosure of personal information of children.
3.1.2 Canada's PIPEDA Requirements: If the Services collect personal information of individuals in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) requirements regarding the collection, use, and disclosure of personal information.
3.1.3 United States PPRA Requirements: If the Services are used in schools, we comply with the Protection of Pupil Rights Amendment (PPRA) requirements regarding the collection, use, and disclosure of personal information from students.
3.1.4 United States IDEA Requirements: If the Services are used in schools and collect personal information from students with disabilities, we comply with the Individuals with Disabilities Education Act (IDEA) requirements regarding the confidentiality and protection of student records.
3.1.5 United States FERPA Requirements: If the Services are used in schools and collect personal information from students, we comply with the Family Educational Rights and Privacy Act (FERPA) requirements regarding the confidentiality and protection of student records.
3.1.6 European Union GDPR Requirements: If the Services collect personal information of individuals in the European Union, we comply with the General Data Protection Regulation (GDPR) requirements regarding the collection, use, and processing of personal data.
3.1.7 United States HIPAA Requirements: If the Services are used in the healthcare industry and collect or process protected health information (PHI), we comply with the Health Insurance Portability and Accountability Act (HIPAA) requirements regarding the privacy and security of PHI.
3.1.8 DPA 2018 (UK) Requirements: If the Services collect personal information of individuals in the United Kingdom, we comply with the Data Protection Act 2018 (DPA 2018) requirements regarding the collection, use, and disclosure of personal data.
3.1.9 Australia's Privacy Act Requirements: If the Services collect personal information of individuals in Australia, we comply with the Privacy Act requirements regarding the collection, use, and disclosure of personal information.
3.1.10 China's Cybersecurity Law Requirements: If the Services collect personal information of individuals in China, we comply with the Cybersecurity Law of China requirements regarding the collection, use, and protection of personal information.
3.1.11 Brazil's Lei Geral de Proteção de Dados: If the Services collect personal information of individuals in Brazil, we comply with the Lei Geral de Proteção de Dados (LGPD) requirements regarding the collection, use, and processing of personal data.
3.2 Data Security: We implement reasonable security measures to protect the confidentiality and integrity of your personal data. However, you acknowledge that no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of your data.
4. Warranty and Disclaimers
4.1 Disclaimer of Warranties: The Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory. Zoptiks LLC disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
4.2 Limitation of Liability: To the maximum extent permitted by applicable law:
4.2.1 We will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Services or any Content of the Services, whether based on warranty, contract, tort, negligence, statute, or other legal theory, whether or not we have been informed of the possibility of such damages.
4.2.2 Unless there is gross negligence or willful misconduct on our part, our liability for any financial consequential loss, operating loss, lack of savings, lost profits, goodwill, image, data loss, or indirect loss is excluded.
4.2.3 In any case, our total liability to you for any claim arising out of or in connection with these Terms or the use of the Services is limited to the amount you have paid to us for the use of the Services in the preceding 12 months.
5. Applicable Law and Jurisdiction
5.1 Governing Law: These Terms and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws principles.
5.2 Jurisdiction: Any legal action, suit, or proceeding arising out of or relating to these Terms or the use of the Services shall be instituted exclusively in the federal or state courts located in Franklin County, Columbus, Ohio, United States. You and Zoptiks LLC expressly consent to the personal jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over you by such courts.
5.3 Waiver of Class Actions: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You further waive any right to participate in any consolidated, class, or representative proceeding arising out of or relating to these Terms or the Services.
6. Governing Law and Dispute Resolution
6.1 Governing Law: These Terms shall be governed by, and exclusively construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws principles.
6.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms or the use of the Services shall be resolved through good faith negotiations between the parties.
6.3 Jurisdiction: If the dispute cannot be resolved through negotiations, either party may initiate legal proceedings in the Franklin County Court in Columbus, Ohio, United States of America, as the exclusive jurisdiction for the resolution of any such dispute.
7. Compliance with Applicable Laws
7.1 Section 508 Compliance: If the Services are used by government agencies or organizations, we strive to ensure compliance with Section 508 of the Rehabilitation Act, which requires accessibility for individuals with disabilities in electronic and information technology.
7.2 Children's Internet Protection Act: If the Services are used by schools or libraries in the United States, we comply with the Children's Internet Protection Act (CIPA) requirements regarding internet safety policies and content filtering.
8. Indemnification
8.1 Indemnification Obligation: You agree to indemnify, defend, and hold harmless Zoptiks LLC, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights. This indemnification obligation shall apply to any claims, actions, or proceedings brought by third parties and any liabilities, damages, settlements, or expenses incurred as a result thereof.
8.2 Defense and Control: Zoptiks LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with Zoptiks LLC's defense of such claim and provide any necessary information or assistance.
8.3 Survival: This indemnification section shall survive the termination of these Terms and your use of the Services.
8.1 Indemnification Obligation: You agree to indemnify, defend, and hold harmless Zoptiks LLC, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights. This indemnification obligation shall apply to any claims, actions, or proceedings brought by third parties and any liabilities, damages, settlements, or expenses incurred as a result thereof.
8.2 Defense and Control: Zoptiks LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with Zoptiks LLC's defense of such claim and provide any necessary information or assistance.
8.3 Survival: This indemnification section shall survive the termination of these Terms and your use of the Services.
9. Limitation of Liability
9.1 Disclaimer of Damages: To the maximum extent permitted by applicable law, Zoptiks LLC, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Services, including but not limited to damages for lost profits, lost data, business interruption, or any other commercial damages or losses, whether based on warranty, contract, tort, negligence, statute, or any other legal theory, even if Zoptiks LLC has been advised of the possibility of such damages.
9.2 Limitation of Liability: In no event shall the aggregate liability of Zoptiks LLC, its officers, directors, employees, and affiliates arising out of or in connection with these Terms or the use of the Services exceed the total amount you have paid to Zoptiks LLC for the use of the Services during the twelve (12) months immediately preceding the event giving rise to the liability.
9.3 Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. Accordingly, the limitations and exclusions set forth in this section may not apply to you to the extent prohibited by applicable law.
9.4 Allocation of Risk: The limitations of liability and exclusions of damages set forth in these Terms form an essential basis of the agreement between you and Zoptiks LLC. You agree that the limitations and exclusions of liability are reasonable and fair in light of the nature of the Services provided.
9.1 Disclaimer of Damages: To the maximum extent permitted by applicable law, Zoptiks LLC, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use (or inability to use) the Services, including but not limited to damages for lost profits, lost data, business interruption, or any other commercial damages or losses, whether based on warranty, contract, tort, negligence, statute, or any other legal theory, even if Zoptiks LLC has been advised of the possibility of such damages.
9.2 Limitation of Liability: In no event shall the aggregate liability of Zoptiks LLC, its officers, directors, employees, and affiliates arising out of or in connection with these Terms or the use of the Services exceed the total amount you have paid to Zoptiks LLC for the use of the Services during the twelve (12) months immediately preceding the event giving rise to the liability.
9.3 Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. Accordingly, the limitations and exclusions set forth in this section may not apply to you to the extent prohibited by applicable law.
9.4 Allocation of Risk: The limitations of liability and exclusions of damages set forth in these Terms form an essential basis of the agreement between you and Zoptiks LLC. You agree that the limitations and exclusions of liability are reasonable and fair in light of the nature of the Services provided.
10. Data Security & API Terms of Service
10.1 Security Measures: Zoptiks LLC implements reasonable technical and organizational security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption of data in transit and at rest, regular security assessments and audits, access controls, and industry-standard firewalls.
10.2 User Responsibility: While Zoptiks LLC takes reasonable steps to secure user data, you acknowledge and agree that you are responsible for maintaining the security of your own account and any associated credentials. You must keep your login credentials confidential and not disclose them to any unauthorized third parties. Furthermore, you are responsible for promptly notifying Zoptiks LLC if you suspect any unauthorized use of your account or any other breach of security.
10.1 Security Measures: Zoptiks LLC implements reasonable technical and organizational security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption of data in transit and at rest, regular security assessments and audits, access controls, and industry-standard firewalls.
10.2 User Responsibility: While Zoptiks LLC takes reasonable steps to secure user data, you acknowledge and agree that you are responsible for maintaining the security of your own account and any associated credentials. You must keep your login credentials confidential and not disclose them to any unauthorized third parties. Furthermore, you are responsible for promptly notifying Zoptiks LLC if you suspect any unauthorized use of your account or any other breach of security.
10.3 Zoptiks Views 3rd Party Services
As an API client that uses YouTube API Services, we have incorporated specific clauses into our Terms of Service and Privacy Policy in accordance with YouTube's policies.
YouTube Terms of Service
By using our services, you hereby acknowledge and agree to be bound by YouTube's Terms of Service. The YouTube Terms of Service govern your use of the YouTube API Services integrated within our platform. You can read and review the YouTube Terms of Service by following this link.
Use of YouTube API Services
Our platform integrates YouTube API Services to enhance your user experience. The use of these services is clearly disclosed in this Privacy Policy. This integration may impact your interaction with our platform in terms of data sharing and usage. Any changes to the integration of YouTube API Services will be updated in this policy, and we encourage you to review it periodically.
Google Privacy Policy
As a platform that utilizes YouTube API Services, our use of your data is also subject to Google's Privacy Policy. This policy provides detailed information about how Google uses and protects your data. We strongly recommend that you read Google's Privacy Policy to understand their data processing practices. You can access the Google Privacy Policy directly through the following link.
Your use of our services signifies your understanding and acceptance of these terms. If you do not agree with these terms, we kindly ask you to refrain from using our services. For any questions or concerns, please feel free to contact our customer support. regarding their data privacy and how their data is used, stored, and protected when interacting with the API client that uses Google's services.
As an API client that uses YouTube API Services, we have incorporated specific clauses into our Terms of Service and Privacy Policy in accordance with YouTube's policies.
YouTube Terms of Service
By using our services, you hereby acknowledge and agree to be bound by YouTube's Terms of Service. The YouTube Terms of Service govern your use of the YouTube API Services integrated within our platform. You can read and review the YouTube Terms of Service by following this link.
Use of YouTube API Services
Our platform integrates YouTube API Services to enhance your user experience. The use of these services is clearly disclosed in this Privacy Policy. This integration may impact your interaction with our platform in terms of data sharing and usage. Any changes to the integration of YouTube API Services will be updated in this policy, and we encourage you to review it periodically.
Google Privacy Policy
As a platform that utilizes YouTube API Services, our use of your data is also subject to Google's Privacy Policy. This policy provides detailed information about how Google uses and protects your data. We strongly recommend that you read Google's Privacy Policy to understand their data processing practices. You can access the Google Privacy Policy directly through the following link.
Your use of our services signifies your understanding and acceptance of these terms. If you do not agree with these terms, we kindly ask you to refrain from using our services. For any questions or concerns, please feel free to contact our customer support. regarding their data privacy and how their data is used, stored, and protected when interacting with the API client that uses Google's services.
11. Termination
11.1 Termination by Zoptiks LLC: Zoptiks LLC reserves the right to suspend or terminate your access to the Services, in whole or in part, without prior notice or liability, under the following circumstances:
11.1.1 Violation of Terms: If you violate any provisions of these Terms and Conditions or fail to comply with any obligations outlined herein.
11.1.2 Legal Compliance: If Zoptiks LLC believes, in its sole discretion, that your use of the Services violates any applicable laws, regulations, or third-party rights.
11.1.3 Unauthorized Use: If there is evidence of unauthorized or fraudulent use of the Services or if Zoptiks LLC reasonably believes that your account has been compromised or accessed by unauthorized individuals.
11.2 Effect of Termination: Upon termination of your access to the Services, you will no longer have the right to access or use the Services, and any licenses or rights granted to you under these Terms will immediately cease. You are responsible for immediately ceasing all use of the Services and deleting any copies of the Software or data associated with the Services in your possession.
8. Miscellaneous
8.1 Entire Agreement: These Terms constitute the entire agreement between you and Zoptiks LLC regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
8.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
8.3 Waiver: The failure of Zoptiks LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zoptiks LLC in writing.
8.4 Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Zoptiks LLC. Zoptiks LLC may freely assign or transfer these Terms without restriction.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any updates or modifications made by Zoptiks LLC from time to time. If you do not agree to these Terms, you must not access or use the Services.
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Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us at:
Zoptiks LLC
21 E State St. Columbus Ohio 43215
support@zoptiks.com
+1 888-875-0501