Legal Agreements

Terms of Use

The following Terms of Service govern all use and access to the websites, landing pages, client portals, services, features, applications, and information provided by ZappySites (as defined below), including but not limited to any offering(s) or promotions that may include free trials, discounts, customized services or service offerings provided to the User (as defined below).

Please read every section of these Terms (as defined below) in its entirety carefully, as they contain important information about your legal rights.

Terms of Service

Effective immediately, ZappySites and the User (as defined below) are each referred to herein as a "Party" and, collectively, as the "Parties". Now, therefore, for and in consideration of the mutual promises and agreements contained herein, ZappySites, and the User hereby agree as follows.

1. Definations

2. ACCEPTANCE OF TERMS

This Website and the Services are owned and operated by ZappySites. These terms constitute a binding agreement between ZappySites and you the User, whether personally or on behalf of an entity. This Agreement governs your use of and access to all Services, software platform, and all related documentation provided by ZappySites. The User accepts and agrees to be legally bound by the entirety of this Agreement, our Privacy Policy, and Disclaimer.

ZappySites provides the Services and access to our website solely on the Terms set forth in this Agreement including our Privacy Policy found at www.ZappySites.com/legal/privacy-policy and on the condition that the User accept and comply with them in their entirety. By accessing the Services, Website, or conducting transactions in connection with ZappySites or related services you hereby: (1) Accept this Agreement and agree that you are legally bound by its terms; (2) agree that you will only access the Website or Services if you are at least 18 years of age; (3) agree that you will comply with and be bound by this agreement as it appears on the Website and Services each time you access or use the Website or Services; (4) agree that each use of the website or services by you indicates and confirms your assent to and agreement to be bound by this agreement; and (5) represent, warrant, and covenant that: (a) you are of legal age to enter into a binding agreement; and (b) if you are a corporation, governmental organization or other legal entity, that you have the right, power, and authorization to enter into this agreement on behalf of your corporation, governmental organization or other legal entity. If you do not agree to the terms of this agreement, ZappySites does not and will not license or permit use of the Services to you; or provide you with access to the website and you must not use the Website, Services or Features provided by ZappySites.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion and without notice, to make changes or modifications to these Terms of Service at any time and for any reason. We will indicate changes by updating the “Last updated” date of these Terms of Service, and the User waives any right to receive specific notice of each such change. The User agrees to check the applicable Terms every time they use our Site so that they understand which Terms apply. The User will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

3. USE OF LICENSE

Subject to the terms of this Agreement, ZappySites hereby grants you a limited, non-exclusive and nontransferable license to register with, access and use the Site strictly in accordance with the Terms herein including any Additional Terms. The User agrees and acknowledges that the User has the sole responsibility and liability for their use of the Website and Services and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Services or the Website.

4. RESTRICTIONS

You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site or Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services or Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or Website or any features or functionality of the Services or Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services or Website; or (f) use the Website or Services or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between ZappySites and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Services or Website; (vi) transmits unsolicited Email to this website or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the Company’s network services; (viii) attempts to gain unauthorized access to the Company’s network services; (ix) suggests an express or implied affiliation with the Company or broker relationship with the Company (without the express written permission of the Company); (x) impairs or limits the Company’s ability to operate the Services or Website or any other person’s ability to access and use site or Website; (xi) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xii) transmits or uploads pornographic, violent, obscene, sexually explicit, racially discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xiv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xv) dilutes or depreciates the name and reputation of the Company or any of its affiliates; (xvi) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xvii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.

5. RESERVATION OF RIGHTS

You acknowledge and agree that: (a) the Website and Services are provided under license, and not sold, to you; and (b) You do not acquire any ownership interest in the Services, Digital Assets, Products or Website under this Agreement, or any other rights thereto other than the right to use the Services in accordance with the license granted and access the Website, which are in each case subject to all terms, conditions and restrictions, under this Agreement. ZappySites, its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Website and Site, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as otherwise expressly granted to You in this Agreement.

6. ACCOUNT REGISTRATION

Eligibility: By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

Account Registration: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with www.zappysites.com . When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current.

Credentials: Upon registration for a User Account, you will be required to provide login credentials which include a valid email address and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of the User’s account or Services being compromised in any way, including but not limited to failure by you to maintain the security of your password.

7. PURCHASED (SUBSCRIPTION) SERVICES

Subscription: Our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycle is set on a monthl y basis , annual basis, or One-time payment, depending on the available payment options or type of subscription plan you select when purchasing a Subscription or Services.

Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that we may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

We may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogs your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.

8. SEARCH ENGINE MARKETING

ZappySites reserves the right to deny any Google Ad services at our discretion without notice or explanation. Reasons for denial may include but are not limited to restricted industries or products. ZappySites will not provide Google Ad services for any industry or product that is deemed to be illegal, unethical, or in violation of Google's advertising policies.

9. LICENSING AND OWNERSHIP OF MEDIA, FILES, AND DIGITAL ASSETS

The User accepts and agrees that all Digital Assets created, registered, or provided by ZappySites, whether or not necessary to render purchased services to the User, are the exclusive and sole property of ZappySites. All Digital Assets owned by ZappySites may not be copied, modified, edited, customized, or changed by the User, unless when the User has been given written permission by ZappySites. ZappySites retains the right to revoke the User’s rights to any granted permissions to any Digital Assets at any time without reason.

The User agrees that any Digital Assets shared with or provided to ZappySites through any means or medium, including but not limited to email, postal mail, internet uploads, internet transmission, cloud storage, physical storage or Digital Assets shared through ZappySites Websites, warrant an irrevocable, indefinite, unlimited, unrestricted, non-exclusive, royalty-free, and transferable license (the “License”) to ZappySites and our affiliates. The User agrees that ZappySites is allowed to copy, modify, edit, customize, or otherwise make changes to any Digital Assets associated with this License at any time without notice, approval or consent. The User accepts and agrees that this License shall not be limited by any other party of agreement made between any parties. The User accepts and agrees that ZappySites may license, sublicense, redistribute, publish, promote, or permit the use of any Digital Assets associated with this License without notice, approval or consent.

10. REFUNDS

Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in the sole discretion of ZappySites . Once subscription is charged, a refund may be provided by request via email to hello@zappysites.com if and only if no credits from the subscription have been used:

1. Subscription cancellation: Currently, canceling a subscription means that the subscription will remain available until the end of the current billing period and then cancel. No refunds provided for canceled subscriptions.
2. One-time payment refunds: Refunds are not available for actions that require one-time payments.

1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

11 . FEEDBACK AND SUGGESTIONS

You hereby acknowledge and agree that ZappySites shall own all rights, title and interest in and to any suggestions, enhancement requests, recommendations or other feedback from you relating to the Site or Website, including in response to any surveys (“Feedback”). Should any right or interest inure to You, You hereby agree to irrevocably assign, and hereby do irrevocably assign all right title and interest in any such Feedback to Company.

12. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. APPLICABLE LAW

You agree that these Terms of Service and any dispute arising out of your use of this site or services provided will be governed by and construed in accordance with local laws applicable at our company’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the Courts having jurisdiction over the Company's domicile, and that any disputes will be heard by the said Courts.

14. DISPUTE RESOLUTION

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, which cannot be resolved by negotiation shall be referred to and finally resolved by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable). The number of arbitrators shall be three (3). The seat or legal place of arbitration shall be the State of Virginia, USA. The language of the proceedings shall be English Language. The governing law of the contract shall be the substantive law of the United State of America.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15. DISCLAIMER

The site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, and without limitation, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

16. LIMITATIONS OF LIABILITY

In no event we will or our directors, employees, or agents are liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain US State laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

17. INDEMNIFICATION

The User agrees to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website, Site, or Services ; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site or Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

20. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this agreement or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: By email: hello@zappysites.com

Updated: 19 November, 2023

ZappySites is not a part of YouTube, Google or Facebook website; Google Inc or Facebook Inc. Additionally, This site is NOT endorsed by YouTube, Google or Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc. YOUTUBE is a trademark of GOOGLE Inc.

Disclaimer: We make no claim or guarantee of results delivered to our clients. Sales, Revenue, Reviews, Testimonials, Advertisements, Marketing and Spokesperson material displayed or shared do not warrant or guarantee any results, sales, revenue or increased ranking on any internet platforms including but not limited to Google, Yahoo, Bing, DuckDuckGo, and Facebook. ZappySites makes no guarantee of services or results delivered to you the User or any entity that you are authorized to represent. Results, outcomes, business success, and increased ranking on any internet platform or search engine will vary and depend on many factors including but not limited to customer reviews, external search engine optimization, and other factors related to your company, business, website or organization.