Terms of service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY ACCESSING OR USING ZAYMO INC.'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS THAT AFFECT YOUR LEGAL RIGHTS.

Effective Date: March 8, 2025

This Terms of Service is a legal agreement between you (referred to as "you" or "User") and Zaymo Inc. ("Zaymo," "Company," "we," or "us"). Zaymo Inc. is a Delaware corporation with its principal place of business at 815 W 1250 S, STE 216, Orem, UT 84058, USA. Zaymo provides a cloud-hosted interactive email software platform (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

1. General Terms

Acceptance of Terms: By registering for an account or otherwise using the Service, you affirm that you have read and agree to abide by these Terms of Service, as well as our Privacy Policy. If you do not agree to these Terms, you must not use or access the Service. Use of the Service is expressly conditioned on your acceptance of these Terms.

Eligibility: You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and legally capable of entering into a binding contract. The Service is not intended for and should not be used by anyone under the age of 18.

Modifications to Terms: Zaymo reserves the right to modify or update these Terms at any time. If we make material changes, we will provide you with notice, such as by emailing you at the address on file or by posting a prominent notice within the Service. We will also update the "Effective Date" at the top of the Terms. Continued use of the Service after any changes to the Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

Termination: Zaymo may, at its discretion, suspend or terminate your account or access to the Service if you violate these Terms or for any other lawful reason. We will attempt to provide notice to you in such an event when feasible. If your account is terminated due to a breach of these Terms, you are not entitled to a refund of any fees paid (see Section 3 on Payments). You may stop using the Service and cancel your account at any time, subject to the cancellation provisions in Section 3.

2. User Accounts and Responsibilities

Account Registration: To access and use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for all activities that occur under your account. You must maintain the confidentiality of your login credentials (username and password) and not share them with anyone. If you believe your account has been compromised or used without authorization, you must notify Zaymo immediately.

Account Use and Security: You are responsible for any use of the Service through your account. Zaymo is not liable for any loss or damage arising from unauthorized use of your credentials. You agree to use reasonable measures to secure your account, including using a strong password and limiting access to your login information.

User Conduct – Prohibited Uses: When using the Service, you agree not to engage in any of the following prohibited activities:

  • Unlawful or Abusive Activity: Do not use the Service for any unlawful, fraudulent, or malicious purpose. This includes not using the Service to send unsolicited bulk emails or spam, to harass or defraud any person or entity, or to distribute content that is illegal, harmful, defamatory, obscene, or otherwise objectionable. You must comply with all applicable laws and regulations (including anti-spam laws like CAN-SPAM and data protection laws) when using the Service.

  • Interference with the Service: Do not interfere with or disrupt the integrity or performance of the Service. This means you will not attempt to disable, overburden, or impair the Service (e.g., through denial-of-service attacks, malware, or any other harmful code). You also agree not to bypass or attempt to circumvent any access or use restrictions or security measures of the Service.

  • Unauthorized Access: Do not attempt to gain unauthorized access to any part of the Service or its related systems or networks. Similarly, you must not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying trade secrets of the Service or any software provided through the Service.

  • Unauthorized Commercial Use: You may not reproduce, duplicate, copy, sell, trade, resell, or exploit the Service (or any portion of it) for any commercial purpose not expressly authorized by Zaymo. In other words, you cannot use the Service to operate a competing service, or rent, lease, or provide it to third parties in a service bureau or other commercial enterprise without our permission.

  • Violation of Rights: Do not upload, post, or transmit any content that infringes or misappropriates any third party’s intellectual property rights or other proprietary rights. You are responsible for ensuring that any materials you upload to the Service (such as images, text, or data) do not violate any copyright, trademark, privacy, or other rights of others.

Zaymo reserves the right to investigate and take appropriate legal action against anyone who, in Zaymo's sole discretion, violates these rules, including suspending or terminating the account of such violators.

User-Generated Content: The Service may allow you to create, input, or upload content (such as 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. However, by using the Service and uploading content, 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. This license is only to the extent necessary for us to deliver the Service functionality (for example, to create interactive emails using your content).

Please note that 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 do not obtain ownership rights over such platform-generated content or code. (See Section 4. Intellectual Property for more details.) You are granted a limited, revocable license to use the platform-generated content within the intended scope of the Service (for example, in the emails you design and send using Zaymo), but Zaymo retains all ownership and intellectual property rights in that material.

3. Payments & Cancellations

Subscription Service: Zaymo’s Service is offered on a subscription basis only. In order to use the Service beyond any free trial or free features (if offered), you must select a subscription plan and provide a valid payment method. By subscribing, you agree to pay the applicable subscription fees and any taxes or charges incurred in connection with your account. All payments must be made via credit card or ACH (Automated Clearing House) transfer, or other payment methods we may support. You authorize Zaymo to charge your provided payment method automatically for all applicable fees on a recurring basis, in advance of service provision.

Billing Cycle and Auto-Renewal: Subscription plans may be offered on a monthly or annual billing cycle (or other period as stated at sign-up). By starting a subscription, you understand and agree that it will automatically renew at the end of each billing period (e.g., monthly or annually) unless you cancel in accordance with this Section. Zaymo will charge your chosen payment method upon each renewal unless you cancel beforehand. It is your responsibility to ensure your payment information is current to avoid interruption of service.

No Refunds: All fees are non-refundable. This means that once you have been charged a subscription fee (monthly or annual), you will not be eligible for a refund of that fee, including in cases of mid-period cancellation or unused services. Zaymo reserves the right, in its sole discretion, to make exceptions (for example, extending service or offering credits in extenuating circumstances), but the default policy is no refunds or credits for any fees already paid.

Cancellation of Monthly Plans: If you are on a monthly subscription plan, you may cancel your subscription at any time before the start of your next billing cycle. Upon cancellation, you will continue to have access to the Service until the end of the current paid month, but your subscription will not auto-renew for the next month. To avoid being charged for the next month, you must cancel before the monthly renewal date. No further monthly charges will be made after a timely cancellation.

Cancellation of Annual Plans: If you are on an annual subscription plan, you must provide at least 30 days' notice before your annual renewal date to cancel the subscription for the next term. If you do not provide 30 days' advance notice, the annual subscription will automatically renew for another year and you will be responsible for that renewal payment. After timely cancellation of an annual plan, you will retain access to the Service until the end of the then-current annual term, but the subscription will not renew for the following year. As noted above, we do not offer pro-rated refunds for partial years if you decide to stop using the Service mid-term.

Cancellation Process: All cancellation requests must be submitted in writing to support@zaymo.com. Your email should clearly state your account information and your request to cancel. We recommend submitting cancellation requests with ample time (especially for annual plans) to ensure we receive and process your request before your next billing date. You are responsible for retaining proof of cancellation request. Once we process your cancellation, we will send a confirmation email. If you do not receive confirmation, please follow up as your cancellation may not yet be processed.

Failure to Pay: If we are unable to process payment through your provided method (for example, due to an expired or declined card) or if you otherwise fail to pay subscription fees when due, Zaymo reserves the right to suspend or terminate your access to the Service. You will remain responsible for any unpaid amounts. Re-establishing access may require you to update your payment information and pay any amounts owed.

4. Intellectual Property

Zaymo’s Intellectual Property: All rights, title, and interest in and to the Service and its components (including but not limited to the software, technology, algorithms, templates, interactive widgets, generated code, designs, user interface, proprietary databases, and any content or materials provided by Zaymo) are and will remain the exclusive property of Zaymo Inc. and its licensors. This includes any email template code, interactive email widgets, or other content automatically generated by the platform’s editors or tools as you use the Service. Such platform-generated content is part of Zaymo’s technology and is protected by copyright, trade secret, and other intellectual property laws. 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 (for example, to create and send interactive emails as facilitated by the platform) during the term of your subscription. You do not obtain any ownership rights in the Service itself or any of its components or generated outputs. Zaymo and associated logos, names, and marks are trademarks of Zaymo Inc. You are not granted any right or license to use Zaymo’s trademarks, logos, or other brand features without our prior written consent.

User Content and Ownership: As described in Section 2, you retain ownership of the User Content that you individually provide or import into the Service (such as your own text, images, logos, or data that you upload). Zaymo does not claim ownership over such User Content. Subject to Zaymo’s rights in the overall Service and any platform-generated materials, you are free to use your own User Content for any purposes outside of the Service. However, by using the Service and uploading or creating content, you grant Zaymo a limited license to use, copy, display, and adapt your User Content as necessary to provide the Service to you (for example, to host your uploaded images or to modify your provided data within an interactive email template at your direction). This license to Zaymo is non-exclusive (you can license your content to others), worldwide, royalty-free, and ends when you delete the content from our systems or discontinue use of the Service, except to the extent we have archived copies as part of our standard backups (which will remain subject to this license until purged).

No Rights in Zaymo Content: Apart from the limited use rights granted to you above, you receive no license or rights to any of Zaymo’s intellectual property. You agree not to copy, distribute, modify, or create derivative works based on any part of the Service or content generated by the Service, except as expressly allowed by Zaymo. If you provide any feedback, suggestions, or ideas regarding the Service to Zaymo, you agree that Zaymo may use such feedback freely and you grant Zaymo an irrevocable, perpetual, sublicensable license to use the feedback for any purpose, without any obligation to you.

Third-Party Intellectual Property: If you use any third-party materials in connection with the Service (for example, third-party APIs, libraries, or content), you are responsible for complying with any licenses or terms for those materials. Likewise, the Service may integrate or allow access to third-party services or content; Zaymo is not responsible for any third-party content, and use of third-party services may be governed by separate terms with those providers.

5. Legal & Liability Limitations

Disclaimer of Warranties: Zaymo provides the Service "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, Zaymo disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance. We do not guarantee that the Service will meet your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free, or that any results obtained from use of the Service will be accurate or reliable. You understand and agree that use of the Service is at your own risk. No advice or information, whether oral or written, obtained by you from Zaymo or through the Service shall create any warranty not expressly made in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you to the extent prohibited by law. In such cases, our warranties are limited to the minimum scope permitted by applicable law.

Limitation of Liability: To the fullest extent permitted by law, Zaymo (and its officers, directors, employees, agents, and affiliates) shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Service or any aspect of these Terms. This includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of data, or procurement of substitute services, even if we have been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion of incidental or consequential damages, the above limitation may not apply to the extent disallowed. In any case, 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 giving rise to the claim. If you have paid no fees to Zaymo in that time period, Zaymo’s liability will be zero dollars. The limitations of liability in this section are fundamental bases of the bargain between you and Zaymo. You acknowledge that Zaymo has set its fees and entered into this agreement in reliance on these limitations of liability and that they survive and apply even if any remedy is found to have failed its essential purpose.

Indemnification: You agree to indemnify, defend, and hold harmless Zaymo Inc. and its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your access to or use of the Service (including any actions taken under your account); (b) your violation of any law or regulation, or of these Terms; or (c) your User Content, including any claim that your content infringes or misappropriates any third party’s rights. Zaymo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You will not settle any such claim without Zaymo's prior written consent. This indemnification obligation will survive any termination of your account or the Terms.

Governing Law: These Terms and any disputes arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. However, if you are a consumer residing in a jurisdiction with laws that give you the right to have these Terms governed by the local laws of your jurisdiction, then that right might apply, but only to the extent required by law.

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 for matters that may be taken to small claims court or claims for injunctive relief. The arbitration will be 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) and will take place in a mutually convenient location (or via teleconference/online to the extent permitted), 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 or proceeding against the other. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not preside over any form of representative or class proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction. You and Zaymo shall each bear your own costs of arbitration (fees and expenses), and share the arbitration fees (such as arbitrator fees) equally, unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose. Notwithstanding the foregoing, either party may seek temporary injunctive relief or other provisional remedies from a court of competent jurisdiction as necessary to protect their rights or property while arbitration is pending. If for any reason this arbitration clause is found unenforceable, you and Zaymo agree to the exclusive jurisdiction of the state and federal courts located in Delaware for resolution of any lawsuit, and you consent to personal jurisdiction of those courts.

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. To the extent the law of your jurisdiction does not permit this one-year limitations period, the shortest permissible period under that law will apply.

Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be deemed severed from the Terms and the remaining provisions will remain in full effect. The invalid or unenforceable provision will be interpreted to accomplish its essential purpose to the greatest extent possible under law.

No Waiver: Zaymo’s failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision is effective only if in writing and signed by a duly authorized representative of Zaymo.

Entire Agreement: These Terms (along with any additional agreements or policies incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and Zaymo regarding the Service and supersede all prior and contemporaneous agreements, understandings, or communications. Neither you nor Zaymo is relying on any statement or promise that is not explicitly stated in these Terms.

6. Privacy & Data Protection

Your privacy is important to us. Zaymo collects and processes personal data from you when you use the Service, such as your name, contact information, billing information, and any personal data contained in your User Content or your end users' interactions (to the extent you use our email tools to collect data). We handle this information in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), to the extent they apply to Zaymo’s operations. By using the Service, you acknowledge and agree that Zaymo will collect, use, and share your personal information as described in our Privacy Policy.

Privacy Policy: For details on what data we collect and how we use, store, and protect it, please review Zaymo’s Privacy Policy (available on our website). The Privacy Policy is incorporated into these Terms by reference. It explains how users can exercise their rights under privacy laws (for example, how to access or delete your data). By agreeing to these Terms, you also agree to the terms of the Privacy Policy. If you do not agree with our data practices as described in the Privacy Policy, you should not use 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. However, no Internet or email transmission is ever fully secure or error-free. You are responsible for maintaining appropriate security and control of any IDs, passwords, personal identification numbers (PINs), API keys, or any other codes that you use to access the Service.

International Data Use: If you access the Service from outside the United States, you acknowledge that your personal data may be transferred to and processed in the United States or other jurisdictions. These locations may have data protection laws that are different from those in your country. By using the Service, you consent to the transfer of your personal information to the U.S. and any other jurisdiction where we or our service providers operate. We will take steps to ensure that appropriate safeguards are in place to protect your data in accordance with applicable law.

Contact Information

If you have any questions about these Terms or need to contact us for any reason (including legal notices or service of process), please contact Zaymo Inc. at:

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

By using the Service, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. Thank you for choosing Zaymo for your interactive email needs!