Zappy

Terms & Conditions

Last updated October 02, 2024

Agreement to Our Legal Terms

We are Zappy LLC ("Company," "we," "us," "our"), a company registered in Texas, United States at 2308 Santa Rosa St, Austin, TX 78702. We operate the website https://zappyhour.co, the mobile application Zappy, and any other related products and services that link to these legal terms (the "Legal Terms") (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Legal Terms.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Users accessing the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and 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.

3. User Representations

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update it as necessary
  • You have the legal capacity and agree to comply with these Legal Terms
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the Services through automated or non-human means
  • You will not use the Services for any illegal or unauthorized purpose

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, PayPal, Apple Pay, and Google Pay.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information so that we can complete your transactions and contact you as needed.

6. Subscriptions

Billing and Renewal: Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge.

Cancellation: You can cancel your subscription at any time by logging into your account or contacting us.

Fee Changes: We may change subscription fees at any time and will provide you reasonable prior notice of any change in fees.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data to compile a database or directory without written permission
  • Trick, defraud, or mislead us and other users
  • Circumvent, disable, or otherwise interfere with security-related features
  • Disparage, tarnish, or otherwise harm us and/or the Services
  • Harass, abuse, or harm another person
  • Upload or transmit viruses, Trojan horses, or other harmful material
  • Attempt to bypass any measures designed to prevent or restrict access
  • Copy or adapt the Services' software
  • Use any automated system to access the Services
  • Use the Services to advertise or offer to sell goods and services

8. Mobile Application License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you.

You shall not: (1) reverse engineer, disassemble, or decompile the App; (2) make any modification or create derivative works; (3) remove any proprietary notices; (4) use the App to violate any laws; (5) use the App for any revenue-generating endeavor or commercial enterprise without written consent.

9. Third-Party Websites and Content

The Services may contain links to other websites and third-party content. We do not investigate, monitor, or check such content for accuracy, appropriateness, or completeness. We are not responsible for any third-party websites or any content posted on such sites.

10. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against violators; (3) refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at zappyhour.co/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

12. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

14. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Texas. Zappy LLC and yourself irrevocably consent that the courts of Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. Dispute Resolution

Informal Negotiations: To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration: Any dispute arising out of or in connection with these Legal Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association in Travis County, Texas.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES AND YOUR USE THEREOF.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

18. Indemnification

You agree 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 made by any third party due to or arising out of your use of the Services.

19. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Zappy LLC
2308 Santa Rosa St
Austin, TX 78702
United States
Phone: +1-512-222-8440
Email: support@zappyhour.co