Terms of Use

1) Who we are

The Services are offered by ZiaKey ("ZiaKey", "we", "us", or "our"). If you need to contact us about these Terms, please use the Contact link in the site footer.

2) Eligibility and accounts

• Eligibility: You must be able to form a legally binding contract in your jurisdiction to use the Services.
• Account responsibility: You are responsible for activities that occur under your account and for maintaining the confidentiality of your login credentials.
• Accurate information: You agree to provide accurate information and keep it up to date where required for your use of the Services.

3) Acceptable use

You agree not to misuse the Services. Misuse includes, but is not limited to, any of the following:

• Unlawful conduct: Using the Services to violate any law, regulation, or court order.
• Security and interference: Attempting to probe, scan, test, or breach security, or interfere with the integrity, performance, or availability of the Services.
• Abuse and harassment: Threats, harassment, hate, doxxing, or other abusive behavior toward others.
• Malware and automation abuse: Uploading malware, viruses, worms, or using bots/scripts in a way that materially degrades the Services or bypasses limits.
• Scraping and reverse engineering: Copying, scraping, or harvesting data/content at scale without our written permission, or reverse engineering the Services except to the extent prohibited by law.
• Unauthorized access: Accessing or attempting to access accounts, data, or systems that you do not have permission to access.
• Misrepresentation: Impersonating others, misrepresenting your affiliation, or otherwise misleading users about who you are.

4) User-generated content (UGC)

Some parts of the Services may allow you to submit, upload, publish, transmit, or otherwise make available content ("User Content"). You remain responsible for your User Content.

• You own your content: As between you and ZiaKey, you retain any rights you have in your User Content.
• License to operate the Services: You grant ZiaKey a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting/technical delivery), publicly display, and distribute your User Content solely to operate, improve, and provide the Services, and as otherwise permitted by your settings and applicable law.
• Prohibited content: You may not submit User Content that is unlawful, infringing, defamatory, or that violates the rights of others (including privacy, publicity, or intellectual property rights).
• Moderation: We may remove, restrict, or disable User Content and/or accounts if we reasonably believe there is a violation of these Terms or we must do so to comply with law, protect users, or protect the Services.

5) Intellectual property (ZiaKey IP)

The Services (including software, interfaces, designs, logos, trademarks, and content provided by ZiaKey) are owned by or licensed to ZiaKey and are protected by intellectual property laws. Except for the limited right to use the Services under these Terms, you receive no ownership interest in the Services.

• Limited license: ZiaKey grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own lawful purposes in accordance with these Terms.
• Restrictions: You may not copy, modify, distribute, sell, lease, or create derivative works from the Services or any ZiaKey content except as permitted by law or with our written permission.
• Feedback: If you provide feedback, ideas, or suggestions, you grant ZiaKey the right to use them without restriction or compensation, unless prohibited by law.

6) Payments, subscriptions, and refunds

Some features may be offered for a fee (a "Paid Plan"). If you purchase a Paid Plan, the following apply unless we explicitly state otherwise at checkout or in an order form.

• Pricing and taxes: Prices are shown at checkout. You are responsible for applicable taxes, duties, and fees unless stated otherwise.
• Recurring billing: If your plan renews automatically, you authorize us (or our payment processor) to charge your payment method for each renewal until you cancel.
• Cancellation: You can cancel a renewal at any time through the product or account settings (if available). Cancellation stops future renewal charges; it does not automatically refund amounts already paid.
• Refunds: Fees are generally non-refundable except where required by law or where a written refund policy is presented to you at purchase for a specific offering.
• Chargebacks: If you initiate a chargeback without first attempting to resolve the issue with us, we may suspend or terminate your access to Paid Plan features to prevent abuse.

7) Third-party services and third-party terms

The Services may integrate with, link to, or rely on third-party services (for example, hosting providers, analytics, email delivery, or payment processors). Third-party services are governed by their own terms and privacy policies, and ZiaKey is not responsible for third-party services.

• Third-party terms: Your use of third-party services may require you to agree to separate terms with those third parties.
• Third-party content: Links to third-party content are provided for convenience and do not imply endorsement.

8) Privacy policy

Your privacy matters to us. Our privacy practices are described in our Privacy Policy. Where available, you can review it at `/privacy-policy.html`. The Privacy Policy is incorporated into these Terms by reference.

9) Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIAKEY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that content will be accurate, complete, or reliable.

10) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIAKEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIAKEY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ZIAKEY FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

11) Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless ZiaKey and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms.

12) Termination and suspension

• By you: You may stop using the Services at any time.
• By us: We may suspend or terminate your access to the Services (in whole or in part) at any time if we reasonably believe you have violated these Terms, created risk or potential legal exposure for ZiaKey or other users, or if required by law.
• Effect of termination: Upon termination, your right to access the Services stops immediately. Sections that by their nature should survive will survive termination (including IP, disclaimers, limitation of liability, and indemnity).

13) Modifications to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to provide notice (for example by updating the "Last updated" date, posting a notice on the Services, or by other means). Your continued use of the Services after the changes become effective means you agree to the updated Terms.

14) Governing law and jurisdiction

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of laws rules. You agree that any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in North Carolina, USA, and you consent to personal jurisdiction and venue in those courts.

15) Miscellaneous

• Severability: If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Entire agreement: These Terms and any policies referenced here form the entire agreement between you and ZiaKey regarding the Services.

This page is provided for general informational purposes and is not legal advice.