Welcome to the website of Zoom Analytics, branded as Zoom Engage (“Zoom Analytics”, “the company”, “we” or “us”). Your use of this Web site (the “Site”) and the services made available on the Site is subject to these Terms of Use (these “Terms”). By choosing to use this Site or any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES. We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.
THE SERVICE
Zoom Analytics provides various services to websites, relating to personalization, customization, analytics, business intelligence and marketing automation.
MODIFICATION OF THE SITE OR TERMS OF USE
We reserve the sole right to either modify the Site, including any of the Site’s features, at any time with or without notice to you. We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
LICENSE TO USE OUR SERVICES
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Services, and any information provided to you through the Services in connection to the Services, for your own use only and not for resale or further distribution, all pursuant to specific terms and conditions to be agreed between you and Zoom Analytics. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for this license granted to you, we and our licensors retain all rights, titles and interests in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services or information obtained from the Services (ii) rent, lease or sublicense access to any of our Services or information obtained from the Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
REGISTRATION AND ACCOUNT
Zoom Analytics offers its Services in various methods, typically those include a recurring fee or other forms of engagement agreed upon with clients, separately (each, an “Account”).
You must be 18 years or older to subscribe to any of our Services.
All Accounts shall be governed by specific terms and conditions to be agreed upon between you and Zoom Analytics. You are responsible for maintaining the confidentiality of your Account and fully responsible for all activities that occur under your Account. You agree to immediately notify Zoom Analytics of any unauthorized use of your Account or any other breach of security. Zoom Analytics cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. A free, non-paying, account and account data may be deleted without notification. Account data includes the registration details and the data collected from the Site, and any other data that may be related to the account.
RESTRICTIONS ON USE OF THIS SITE AND OUR SERVICES
You must comply with all applicable laws when using this Site and any of our Services. Except as may be expressly permitted by applicable law, or as Zoom Analytics may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on this Site or through our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use this Site or any of our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own use; (v) circumvent or disable any digital rights management, usage rules, or other security features of this Site or any of our Services; (vi) use this Site or any of our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of this Site or any of our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of this Site or any of our Services or any Service Content.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See our Privacy Policy disclosures regarding the collection and use of your information.
THIRD-PARTY WEBSITES AND RESOURCES
The Site may provide links to third-party websites or resources from the Site or Services. You acknowledge and agree that Zoom Analytics is not responsible or liable for the availability or accuracy of, and Zoom Analytics does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge and accept your sole responsibility for and assume all risk arising from your use of any such third-party websites or resources. You should also consult such third party’s privacy policy and terms of use upon using their websites or contents.
TRADEMARKS AND SERVICE MARKS
There are a number of proprietary logos, service marks, trademarks, slogans, and product designations (“Marks”) found on this Site. By making the Marks available on this Site, Zoom Analytics is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of Zoom Analytics’ or any third party’s intellectual property rights. No Zoom Analytics Marks may be used as a hyperlink or otherwise without prior written permission.
LIMITATION OF LIABILITY
In no event will Zoom Analytics, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, Zoom Analytics content, and Service Content whether the damages are foreseeable and whether or not Zoom Analytics has been advised of the possibility of such damages. In addition, you expressly understand and agree that any claim against us or anyone on our behalf (including any of our officers, directors, employees or agents) will be limited to 50% of the amount you have paid in the previous 12 months, if any, for use of our Services. The Service is provided to you on an “as is” basis and we disclaim all warranties and representations, express or implied, of non-infringement. Any claims must be brought no later than two years after the date the claimant should have been aware of the potential claim and, in any event, no later than three years after any alleged breach.
USE POLICIES – MATERIALS PROVIDED OR PUBLISHED BY YOU
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services, and represent and warrant that you have the legal right to submit, publish, transmit or display it
CUSTOMER UNDERTAKINGS AS A USER OF OUR SERVICES
- While using the Services, you must add to your own privacy policy a link to Zoom Analytics’ Privacy Policy.
2. While using our Services, you must add to your own terms and conditions a link to these Terms.
3. If you stop using our Services, for any reason whatsoever, you must notify us immediately and simultaneously remove our widget from your website.
4. You hereby agree that in case of any failure and/or delay in payment, Zoom Analytics may terminate your Account. In case of such termination, you shall immediately remove Zoom Analytics’ widget from your website.
5. You hereby agree that while using our Services, you shall fully comply with all applicable laws, including copyright and data privacy laws.
SOURCE CODES
You will not create derivative works, decompile, modify or attempt to extract any source codes from Zoom analytics, unless you are expressly permitted to do so under an open-source license or Zoom Analytics gives you express written permission. Any third-party code that may be used by Zoom Analytics is covered by the applicable license, if any, authorizing the use of such code.
INTERPRETATION OF LAW AND JURISDICTION
Should one or more of the stipulations in the Terms be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable. These Terms shall be governed by and interpreted in accordance with the laws of the state of Israel.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that: your use of the Site and any of the services is at your sole risk. The Service and this site are provided on an “as is” and “as available” basis. Zoom Analytics, its licensors and suppliers, partners, and your carrier expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, title, and non-infringement. Zoom Analytics does not warrant uninterrupted use or operation of this site and any of the Services or that any data submitted or transferred electronically by you will be transmitted in uncorrupted form or within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access or use of the Service, including loss of any data or any loss or harm to your device or personal computer. No advice or information, whether oral or written, obtained by you from Zoom Analytics, through or from the Service, or from any partner or your carrier, will create any warranty not expressly stated in this agreement.
INDEMNITY
You agree to defend, indemnify, and hold Zoom Analytics and its respective officers, directors, employees, agents, representatives and affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, content and Service Content; (ii) your violation of these Terms or failure to fulfill any obligation relating to your Account; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
CONTACT INFORMATION
If you have any questions or comments about these Terms or the practices relating to the Site, please contact us at info@zoomengage.com and we will make an effort to reasonably respond to your inquiry.
you may also write to us: Zoom Analytics Ltd, 17 Gonen st. Petach-Tikva, Israel.
THIRD-PARTY COMPONENTS
List of open-source software that may be used by the Services is available here
