Terms of Service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. By accessing Zaymo Inc.'s services, you acknowledge agreement to these terms. These Terms contain a binding arbitration clause and a waiver of class action rights that affect your legal rights.

This agreement exists between you ("User") and Zaymo Inc., a Delaware corporation located at 815 W 1250 S, STE 216, Orem, UT 84058, USA. Zaymo provides cloud-hosted interactive email software. Creating an account means you accept these Terms.

1. General Terms

Acceptance of Terms: Registration or use of the Service confirms your agreement. You must not use the Service if you disagree. Use of the Service is expressly conditioned on your acceptance of these Terms.

Eligibility: You must be at least 18 years old. Users under 18 cannot use the Service.

Modifications to Terms: Zaymo may update these Terms anytime. Material changes will be provided notice, such as by emailing you at the address on file or by posting a prominent notice. Continued use after changes means you accept revisions. Stop using the Service if you disagree with updates.

Termination: Zaymo may suspend or terminate your account for violations or other lawful reasons. If your account is terminated due to a breach of these Terms, you are not entitled to a refund of any fees paid. You may cancel anytime subject to cancellation provisions in Section 3.

2. User Accounts and Responsibilities

Account Registration: Create an account with accurate information and keep it current. You must maintain the confidentiality of your login credentials (username and password) and not share them with anyone. Notify Zaymo immediately if compromised.

Account Use and Security: You're responsible for all account activity. You are responsible for any use of the Service through your account. Use strong passwords and limit access to credentials.

User Conduct – Prohibited Uses: Do not engage in these activities:

• Unlawful or Abusive Activity: No unlawful, fraudulent, or malicious purposes. This includes no unsolicited bulk emails, spam, harassment, fraud, or illegal/harmful content distribution. You must comply with all applicable laws and regulations (including anti-spam laws like CAN-SPAM and data protection laws).
• Interference with the Service: Don't disrupt Service integrity or performance. No denial-of-service attacks, malware, or harmful code. You also agree not to bypass or attempt to circumvent any access or use restrictions or security measures.
• Unauthorized Access: No unauthorized access attempts. You must not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying trade secrets of the Service.
• Unauthorized Commercial Use: No reproduction, copying, selling, trading, reselling, or exploitation for commercial purposes without authorization. You cannot operate competing services or provide the Service to third parties without permission.
• Violation of Rights: Don't upload content infringing third-party intellectual property. You're responsible ensuring uploaded materials don't violate others' rights.

Zaymo reserves investigation and legal action rights for violations, including account suspension or termination.

User-Generated Content: The Service allows uploading content like text, images, data, or email designs ("User Content"). You remain the owner of any intellectual property rights you already hold in content you import or upload to the Service. By using the Service, you grant Zaymo a worldwide, royalty-free license to host, store, transfer, display, and process your User Content for the purpose of operating and providing the Service.

Any content, features, or interactive components generated by the Service itself (such as interactive email widgets, templates, or code produced by Zaymo's template editor) are not considered your imported content. You get a limited, revocable license to use the platform-generated content within the intended scope of the Service, but Zaymo retains all ownership rights.

3. Payments & Cancellations

Subscription Service: The Service operates on subscription basis only. Beyond free trials or features, select a plan and provide valid payment. By subscribing, you agree to pay the applicable subscription fees and any taxes or charges incurred. We accept credit card or ACH payments. You authorize Zaymo to charge your provided payment method automatically for all applicable fees on a recurring basis.

Billing Cycle and Auto-Renewal: Plans renew monthly or annually (or other periods at sign-up). By starting a subscription, you understand and agree that it will automatically renew at the end of each billing period unless you cancel. Keep payment information current.

No Refunds: All fees are non-refundable. Once charged, refunds aren't available, including mid-period cancellations or unused services. Zaymo may make exceptions in extenuating circumstances.

Cancellation of Monthly Plans: Cancel anytime before the start of your next billing cycle. You retain access until month-end, but won't auto-renew. Cancel before renewal to avoid next month's charge.

Cancellation of Annual Plans: Provide at least 30 days' notice before your annual renewal date to cancel. Without 30 days' notice, auto-renewal occurs and you're charged. After timely cancellation, access continues until year-end but won't renew. No pro-rated refunds for partial years.

Cancellation Process: Submit requests in writing to support@zaymo.com. Your email should clearly state your account information and your request to cancel. Retain proof of cancellation. You're responsible ensuring timely submission.

Failure to Pay: If payment processing fails or fees aren't paid, Zaymo reserves the right to suspend or terminate your access to the Service. You remain liable for unpaid amounts. Update payment information and pay owed amounts to restore access.

4. Intellectual Property

Zaymo's Intellectual Property: Zaymo owns all rights in the Service and components, including software, technology, algorithms, templates, widgets, generated code, designs, interfaces, databases, and content. This includes any email template code, interactive email widgets, or other content automatically generated by the platform's editors or tools. Zaymo grants you a limited, non-exclusive, non-transferable license to use the Service and any content generated by the Service for its intended purpose. You do not obtain any ownership rights in the Service itself or any of its components. Zaymo trademarks require prior written consent for use.

User Content and Ownership: You keep ownership of User Content that you individually provide or import into the Service like text, images, logos, or data. Zaymo doesn't claim ownership. By using the Service, you grant Zaymo a limited license to use, copy, display, and adapt your User Content as necessary to provide the Service. The license is non-exclusive (you can license your content to others), worldwide, royalty-free, and ends when you delete the content from our systems, except archived copies remain subject to the license until purged.

No Rights in Zaymo Content: Apart from limited use rights, you receive no license or rights to any of Zaymo's intellectual property. Don't copy, distribute, modify, or create derivatives, except as expressly allowed. Feedback you provide grants Zaymo an irrevocable, perpetual, sublicensable license to use the feedback for any purpose.

Third-Party Intellectual Property: You're responsible complying with third-party material licenses. Zaymo isn't responsible for third-party content, governed by separate provider terms.

5. Legal & Liability Limitations

Disclaimer of Warranties: Zaymo provides the Service "AS IS" and "AS AVAILABLE." Zaymo disclaims all warranties—express, implied, or statutory. This includes warranties of merchantability, fitness for a particular purpose, title, non-infringement. We do not guarantee that the Service will meet your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free. Use is at your own risk. Some jurisdictions disallow certain warranty exclusions, limiting them to applicable law minimums.

Limitation of Liability: Zaymo (and its officers, directors, employees, agents, and affiliates) shall not be liable for any indirect, incidental, special, consequential, or exemplary damages from Service use or inability to use. This includes damages for lost profits, lost revenue, lost business opportunities, loss of data, or procurement of substitute services. Zaymo's total cumulative liability to you for all claims arising from or related to the Service or these Terms will not exceed the total amount you have paid to Zaymo for the Service in the six (6) months immediately preceding the event. No fees paid means zero liability. These limitations are fundamental bases of the bargain between you and Zaymo.

Indemnification: You agree to indemnify, defend, and hold harmless Zaymo Inc. and its officers, directors, employees, and agents from third-party claims arising from: (a) your Service access or use; (b) law or regulation violations or Terms violations; or (c) User Content, including infringement claims. Zaymo may assume exclusive defense at your expense; cooperate with its defense. Don't settle without Zaymo's written consent. This survives account termination.

Zaymo shall indemnify, defend, and hold harmless User and its officers, directors, employees, and agents from claims arising from: (A) Zaymo's or its officers'/employees' negligence or willful misconduct; (B) material Terms breaches.

Governing Law: These Terms are governed by Delaware law, USA, without regard to its conflict of law principles. Consumers in jurisdictions with local law rights may have those apply only to the extent required.

Dispute Resolution & Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through final and binding arbitration rather than in court, except small claims court or injunctive relief matters. Arbitration is administered by a neutral arbitrator mutually agreed upon by you and Zaymo (for example, through the American Arbitration Association (AAA) under its Commercial Arbitration Rules) in a mutually convenient location or via teleconference, in the English language. You and Zaymo each waive the right to a trial by jury or to participate in a class action or class arbitration. All disputes will be conducted on an individual basis—neither you nor Zaymo shall be part of any class or representative action. The arbitrator grants available remedies but may not preside over any form of representative or class proceeding. Costs are shared equally unless frivolous/improper arbitration is found. Either party may seek temporary injunctive relief from court. If this clause is unenforceable, you and Zaymo agree to exclusive jurisdiction of the state and federal courts located in Delaware.

Time Limit on Claims: Any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after it arose; otherwise, such claim or cause of action is permanently barred. Shorter periods apply in jurisdictions disallowing this period.

Severability: Invalid or unenforceable provisions are severed; remaining provisions stay effective. Invalid provisions are interpreted achieving essential purpose to maximum extent.

No Waiver: Zaymo's failure to enforce rights doesn't waive future enforcement. Waivers are effective only if written and signed by authorized Zaymo representatives.

Entire Agreement: These Terms (including incorporated agreements/policies like the Privacy Policy) constitute the entire agreement, superseding prior understandings or communications. Neither party relies on unstated promises.

6. Privacy & Data Protection

Privacy is important. Zaymo collects and processes personal data from you when you use the Service, including name, contact information, billing information, and User Content or end-user interaction data. Handling follows applicable laws, including EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Use means acknowledging Zaymo collects, uses, and shares information per the Privacy Policy.

Privacy Policy: For what data we collect and how we use, store, and protect it, review Zaymo's Privacy Policy. It's incorporated into these Terms by reference. It explains exercising privacy law rights (data access/deletion). Agreeing to these Terms means agreeing to the Privacy Policy. Disagreement with data practices means not using the Service.

Data Security: Zaymo implements reasonable technical and organizational measures to secure your personal data and User Content against unauthorized access, loss, or disclosure. No Internet transmission is fully secure. You're responsible maintaining appropriate security and control of any IDs, passwords, personal identification numbers (PINs), API keys, or any other codes.

International Data Use: Accessing from outside the U.S. means acknowledging your personal data may be transferred to and processed in the United States or other jurisdictions. These locations may have different data protection laws. Use means consenting to the transfer of your personal information to the U.S. and any other jurisdiction where we or our service providers operate. Zaymo takes steps to ensure that appropriate safeguards are in place per applicable law.

Contact Information

Zaymo Inc.
815 W 1250 S, STE 216
Orem, UT 84058, USA
Email: support@zaymo.com

Using the Service confirms you've read, understand, and accept these Terms.