Terms and Conditions

You may use the Websites, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Websites (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Zappy products and services, and solely in compliance with these Terms of Use.

By accessing the Websites, you agree that you will not:

• Use the Websites in violation of these Terms and Conditions;
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Websites, or otherwise attempt to discover any source code, or allow any third party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Zappy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
• Use the Websites in any manner that damages, disables, overburdens, or impairs any Services of Zappy or interferes with any other party’s use and enjoyment of the Websites;
• Mirror or frame the Websites or any part of it on any other Websites or web page.
• Attempt to gain unauthorized access to the Websites;
• Access the Websites by any means other than through the interface that is provided by Zappy for use in accessing the Websites;
• Use the Websites for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of any Content or the Websites may violate the patent, copyright, trademark, and other laws.

You can access to an array of contact management, event management, task management, dashboard, minutes maintenance, statutory register maintenance, repository maintenance and response management, scheduling and publishing, and analytics of your profile from 1 user to unlimited users and profiles (“Service(s)”) by paying respective subscriptions. You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

For Basic Plan, Zappy provides free service for 5 Client Accounts. Zappy provides paid services for Premium and Enterprise Plan, for which the regular subscription fees will be charged. You shall pay the fees in Indian Rupees.

Zappy offers Monthly and Yearly Plans and the Billing Period will be one month. When you upgrade or downgrade your Subscription within a Billing Period, the fees adjustments will be made at the date of the end of your then-current Billing Period provided that, if you purchased a product with included Users, then you’ll continue to have those Users included even if they are not assigned.

We hereby grant you a non-exclusive, non-assignable, non-sub-licensable limited license, for your use only, for the term of this Agreement, to access and use the Services and any user’s guides, specifications, and other related documentation available online (the “Documentation”), subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon timely payment in full, monthly or annually, for the Services in advance of your access to, continued use of our receipt of the Services.

In consideration of your use of the Services, you agree to:

• provide true, accurate, current and complete information about yourself, including but not limited to contact information, as prompted by the Registration Process (“Registration Data”) to sign up for a user account (the “Zappy Account”), which may be either a single user Individual Account or a multi-user Team Account; and
• maintain and promptly update your Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zappy has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zappy has the right to suspend or terminate your Zappy Account and refuse current or future use of any or all of the Services. You may not use another person’s, entity’s, subscriber’s, company’s, or organization’s account without the express prior written permission of that party. You are solely responsible for maintaining the confidentiality of your Zappy Account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your Zappy Account username or password. If you have reason to believe that your Zappy Account is no longer secure, you agree to notify Zappy immediately. You may be liable for the losses incurred by Zappy or others due to any unauthorized use of your Zappy Account.

The Websites are based upon proprietary Zappy technology and include the Content. The Websites are protected by applicable intellectual property and other laws, including trademark and copyright laws. The Websites, including all intellectual property rights in the Websites, belongs to and is the property of Zappy or its licensors (if any). Zappy owns and retains all copyrights in the Content. Except as specifically permitted on the Websites as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Websites, in whole or in part, by any means. Zappy names and logos and all related products and service names, design marks and slogans are the trademarks or service marks of Zappy. You are not authorized to use any Zappy name or mark in any advertising, publicity or any other commercial manner without the prior written consent of Zappy.

You represent that you have all right, title, and interest to materials like writings, photos, videos, blogs, content, sound, you post on the Websites or provide to Zappy (“Materials”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. you further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

Links on the Websites to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Zappy of the third party, the third-party web site, or the information there. Zappy is not responsible for the availability of any such websites. Zappy is not responsible or liable for any such websites or the content thereon. If you use the links to the websites of Zappy affiliates or service providers, you will leave the Websites and will be subject to the terms of use and privacy policy applicable to those websites.

Zappy cannot and does not guarantee or warrant that files available for downloading through the Websites will be free of infection by software viruses or other harmful computer code, files or programs.

You may access your data from the Services, via use of the Application Program Interface (API). Any use of the Zappy API, including but not limited to access of the API via a third party application is specifically bound and subject to the terms and conditions herein. Without limiting the foregoing, you specifically agree to be bound to the following terms regarding Zappy API use:

1. You expressly agree the Zappy API will be provided on an “as is” and “as available” basis;
2. You expressly agree that Zappy shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, loss of data, misappropriation of data, breach of data security, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of the Zappy API, either directly or via a third-party application.
3. Zappy expressly reserves the right at any time, in its sole discretion, to revoke permission, modify or discontinue the availability of the Zappy API, in whole or in part, to any you, with or without notice.
4. Any abuse of the Zappy API or excessive use of the API bandwidth (to be determined in the sole discretion of Zappy) will result in the immediate suspension of your account without notice.

A Team Account shall be defined as two or more users accessing the same Zappy Account. Zappy Accounts may be purchased by a company or an individual for the purpose of adding numerous users together under one common Zappy Team Account. You acknowledge and agree that all data linked or uploaded by each user to a Team Account is accessible by all users who have access to the same Team Account. You acknowledge and agree that by updating data, importing data or linking third party sites or applications to a Team Account, you grant access and visibility to such data to each user of such Team Account. You acknowledge and agree that all contact information, data or content uploaded, including but not limited to your lists, email addresses, phone numbers, physical addresses of user or others, imported, or otherwise linked to a Zappy Account (“Contact Information”), is shared with all users of such Zappy Account, which may be a Team Account. You acknowledge and agree that linking third party sites, applications or contact information or data may share otherwise private communications with other users of such Team Account. If the registered owner (“Administrator”) of the Team Account deletes a user from the common Team Account, the Team Account database is altered, and all communication associated with such deleted user will be removed. However, the user agrees that imported or linked Contact Information will not be removed from the common Team Account.

Personal information, including Registration Data, You provides to Zappy through the Services is governed by the Privacy Policy and applicable laws related to personal information. You acknowledge and agree that Zappy aggregates all Contact Information provided by you. Such Contact Information is downloadable by you into a single file. You understand and agree that within a Team Account all Contact Information linked to or uploaded to a Team Account is visible and downloadable by any users of the Team Account. Your election to use the Services each time you log on to your Zappy Account functions as your acceptance of the terms of the then-current Privacy Policy. You acknowledge and agree that you are responsible for maintaining the confidentiality of your username, password and all other sensitive, confidential or proprietary information relating to or used in connection with your Zappy Account. You agree that you are responsible for all activities that occur in your Zappy Account and you agree to notify Zappy immediately of any unauthorized use of your Zappy Account. Zappy is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Zappy Account, or otherwise. You hereby represent and warrant to Zappy that you own or have all necessary right, title and interest in and to the use of all information which you use in connection with your Zappy Account and in the manner in which such information is being used by you, including but not limited to all Contact Information.

You shall indemnify and hold harmless Zappy, its officers, directors, employees, at your expense from and against those third-party claim, suit, action, or proceeding, liabilities, damages and costs (each, an “Action”) brought against us (and our parent companies, subsidiaries, affiliated companies, joint venturers, business partners, officers, directors, employees, agents, service providers, licensors, and any third-party information providers) that you are legally obligated to pay as a result of any damage to any property, to the extent caused by your willful misconduct, negligent act, error or omission or anyone for whom you are legally responsible, subject to any limitations of liability contained in this Agreement. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will reimburse us for reasonable defense costs for claims arising out of your professional negligence based on the percentage of your liability. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

If we update or replace the terms, we will let you know via an in-app notification in your portal or by email.

You may register for a free trial of the Services and Zappy will make the Services available on a trial basis at no cost until the earlier of (i) the end of the trial period; or (ii) upon purchase of any Premium Services by you. You may use the Services offered for a free trial without any obligation to purchase Premium Services. If you do not purchase Premium Services or cancel the Zappy Account by the end of the trial period, your Zappy Account will be suspended and will be marked for deletion from Zappy servers. You may restore a suspended Zappy Account within sixty (60) calendar days of suspension by purchasing Premium Services. If your Zappy Account remains in suspended status for sixty (60) calendar days, all of your content and data, including but not limited to Contact Information, will be deleted from Zappy servers. This information cannot be recovered once deleted.

Zappy reserves the right at any time to assess fees for access, to portions of or in its entirety, any or all of the Services and to modify such fees. You may review Zappy’s current pricing for Premium Services at the following link https://www.zappycompliance.com. Such fees shall not be charged unless your agreement to pay such fees is obtained. If you purchase a premium Zappy Account that is offered by Zappy for a fee or adds additional services which are not part of the Zappy Account (“Premium Services”), and such transaction is confirmed by you, you agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for upgrades and changes) as they become due plus all related taxes, if applicable, and hereby authorize Zappy to assess a monthly or annual recurring automatic payment transaction which will be assessed to the payment form provided by you at the time of Premium Service registration. Team Accounts will be billed for all users invited to join the Team Account regardless of the response to such invitation, acceptance or denial. If you elect not to pay such fees, Zappy shall have the right to cease providing some or all of such Service to you. You agree and acknowledge that Zappy’s payment processor, an independent contractor, stores your payment information.

This Agreement will apply for as long as you use or maintain a username with Zappy. We may terminate this Agreement and/or suspend your access to Zappy immediately if you: (i) violate any of the terms of this Agreement, (ii) use Zappy in a way which has or may negatively reflect on or affect us, our prospects, or our users, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your Content used in connection with the Websites after termination.  Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated if you have one.

If you are paying by credit card or bank, you authorize us to charge your credit card or bank account for all fees payable during the Billing Period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Zappy account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Billing Period.

a.    NO REFUNDS

Zappy employs a NO REFUNDS policy, regardless of the use of the Services. ALL SALES ARE FINAL. You agree and acknowledge that your obligation to pay fees continues through the end of the billing period, monthly or annual, during which you cancel your Premium Services.

b.    Past Due

If your Zappy Account is in the past due status due to non-payment, Zappy will notify you or Administrator of Team Accounts in writing of account’s past due status. If payment is not received by Zappy within ten (10) calendar days, your access to your Zappy Account will be restricted. If your Zappy Account remains in the past due status for a period of thirty (30) calendar days, your Zappy Account will be suspended and will be marked for deletion from Zappy servers. You may restore a suspended Zappy Account within sixty (60) calendar days of suspension by paying for the past due balance on the Zappy Account. If your Zappy Account remains in suspended status for sixty (60) calendar days, all of your content and data, including but not limited to Contact Information, will be deleted from Zappy servers. This information cannot be recovered once deleted.

Payment Disputes. All payment disputes must be submitted in writing to Zappy at BILLING@ZAPPYCONSULTS.COM WITHIN THIRTY (30) DAYS OF THE OCCURRENCE OF SUCH DISPUTED CHARGE.

You may anytime cancel your subscription (or downgrade) paid services with Zappy. Unless you cancel your subscription, if you have opted for auto-renewal, Zappy will continue to charge your credit card or bank account for all fees payable during the Billing Period. You’ll have options for an opt-out for auto renewal and pay manual fees for each Billing Period under the Payment Options in the Websites.

All fees are inclusive of taxes. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are subject to GST, all fees are exclusive of GST.  If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

You can contact Zappy Consults Private Limited (OPC) situated at 45 Chinnamuthu Main Street, Erode – 638011, Tamil Nadu, India.

This Terms and Conditions is governed by the law of India, without giving effect to the principles of conflicts of laws thereof. Your consent to this Terms and Conditionsincludes your consent to jurisdiction and venue in the courts in Tamil Nadu, India in all disputes arising out of or relating to this Terms and Conditions. Zappy makes no claims that this Website is appropriate for viewing or accessing outside India. You consent to exclusive jurisdiction and venue in the courts of Tamil Nadu, India. You waive all defenses of lack of jurisdiction, venue, or forum non-convenience. Any cause of action or claim you may bring in connection with the Website, including without limitation any Content, must be commenced within one (1) month after the claim or cause of action arises otherwise such claim or cause of action shall, subject to the applicable law, be deemed to be barred. In any dispute between Zappy and you relating to this Site, the prevailing party will not be entitled to attorneys’ fees, costs and expenses.