logo

Terms of Service

Last Modified: 29 March 2023

 

These Terms and Conditions are entered into by and between ZIPTIE LLC, a Texas corporation, located at 108 Wild Basin Rd South, Suite 250, Austin, TX 78746 (hereinafter referred to as “ZIPTIE”) and You (the “Customer”), collectively referred to as “Parties,” or individually, “Party.” The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “T&C“), govern your access to and use of ZipTie.Dev, including any content, functionality, and services offered on or through ZipTie.Dev (the “ZipTie Website“).

By using the ZipTie Website, you accept and agree to be bound and abide by these T&C, and ZIPTIE’s Privacy Policy, found at https://ziptie.dev/privacy-policy/, incorporated herein by reference.  

The ZipTie Website is offered and available to registered users who are a natural, legal or other person, residing anywhere in the world. By using the ZipTie Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the ZipTie Website.

Changes to the Terms and Conditions

ZIPTIE reserves the right to amend the T&C. Applicable T&C version is the one binding at the date of issuing the ZIPTIEs Report. ZIPTIE shall decide on the choice of materials, information, and data for inclusion in the ZipTie Website. ZIPTIE shall remain allowed to make arrangement(s) with respect to further development(s) of the ZipTie Website, including the scope of any integration(s) and update(s).

ZIPTIE is entitled to grant any license and/or sublicense for the ZipTie Website use, development, and/or integration, including Search Engine Data database access, at its sole discretion.

Your continued use of the ZipTie Website following the posting of revised T&C means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Definitions

Wherever the following terms are used in these T&C, they shall have the meanings given below.

  • “Affiliate” – means, with respect to a Party, any entity controlling, controlled by or under common control with such Party.
  • “Customer” – means, registered or unregistered users accessing the ZipTie Website who are a natural, legal or other person, residing anywhere in the world.
  • “Customer Content” – means, all content created through or submitted to the ZipTie Website by the Customer.
  • “Customer’s Website” – means, a website, other than the ZipTie Website, operated by the Customer.
  • “Documentation” – means, ZipTie Website documentation, user manuals, and other information (either provided directly to the Customer by ZIPTIE or being made available online via the ZipTie Website) detailing ZipTie Website performance and operations.
  • “Order” – means, a requested operating range made by a Customer of the ZipTie Website performance.
  • “Report” – means, a document generated by ZIPTIE comprising output of processed Search Engine Data.
  • “Search Engine Data” – means, information gathered from search engines and/or information provided by the Customer related to the Customer’s Website, including subpages and indexation of the Customer’s Website.
  • “ZipTie Data” – means, all information delivered to the Customer by ZIPTIE, either directly or indirectly via the ZipTie Website.
  • “ZipTie Website” – means, a tool or application through which service(s) are provided to the Customer through the ZIPTIE hosted website of  https://ziptie.dev/.

Accessing the ZipTie Website and Account Security

We reserve the right to withdraw or amend the ZipTie Website, and any service or material we provide on the ZipTie Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the ZipTie Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the ZipTie Website, or the entire ZipTie Website, to Customers, including registered users to process developments, updates, maintenance, and/or testing for the ZipTie Website. In such instances, ZIPTIE shall provide the Customer with information about a given unavailability. ZIPTIE shall not be liable for any email delivery obstacles.  ZIPTIE does not provide a service to interpret and/or analyze content of any Report or ZipTie Data.  ZIPTIE does not bear any responsibility for the accuracy of Report(s) if/when Search Engine Data is modified. ZIPTIE reserves the right to make any visual and/or functional modifications to the ZipTie Website from time to time for the purpose of maintaining or improving security, ensuring optimal performance, and/or meeting industry standard business requirements. ZIPTIE reserves the right to make such changes without any prior notification to the Customer.

Any period(s) of unavailability of the ZipTie Website shall not affect any payments being due to ZIPTIE.  ZIPTIE has no control and shall not be responsible for any unavailability of the ZipTie Website and/or its defective performance caused by any system(s) not being administered by ZIPTIE.  ZIPTIE will not provide the Customer with internet access nor will ZIPTIE cover the cost of such internet access or any other fees being required to access the ZipTie Website. ZIPTIE does not warrant that the Customer’s use of the ZipTie Website will be uninterrupted and/or error-free at all times.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the ZipTie Website.
  • Ensuring that all persons who access the ZipTie Website through your internet connection are aware of these T&C and comply with them.

To access the ZipTie Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the ZipTie Website that all the information you provide on the ZipTie Website is correct, current, and complete. You agree that all information you provide to register with this ZipTie Website or otherwise, including, but not limited to, through the use of any interactive features on the ZipTie Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of ZIPTIE’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify ZIPTIE immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Customer is solely responsible for ensuring that any Reports are appropriate and suitable for the Customer’s needs. The Customer hereby acknowledges and accepts that ZIPTIE does not warrant that any particular result will be presented by any Report. The Customer, hereby acknowledges and accepts that (s)he is aware of the potential impact of the reporting mechanisms (including gathering Search Engine Data) on the Customer’s Website operations – in particular with respect to any security functionalities aimed at prevention of cyber-attacks. 

ZIPTIE has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these T&C.

ZIPTIE reserves the right to refuse to run a Report if:

  • the execution of an Order may result in losses for either ZIPTIE or for the Customer due to issues with Customer’s Website;
  • ZIPTIE has any reasonable doubts as to the legal legitimacy of the Order; or
  • an Order is generated by an automated script.

Intellectual Property Rights

All and any intellectual property rights of ZIPTIE, in particular, in and to the ZipTie Website and the Documentation are and shall remain the exclusive property of ZIPTIE. Intellectual Property Rights shall mean all intellectual property rights, in particular: copyrights (registered and unregistered) and copyrightable works and registrations and applications for registration thereof, patents, patent applications, patent disclosures and inventions, trademarks, service marks, trade dress, and registrations and applications for registration thereof, related rights, industrial property rights, database rights, know-how, trade secrets and other confidential information, trade names, logos and corporate and/or company names and other distinctive signs, computer software, data, data based and documentation thereof, other intellectual property rights and copies and tangible embodiments thereof.

Using the ZipTie Website, Documentation, and/or ZipTie Data does not constitute a transfer of any Intellectual Property Rights of ZIPTIE.

The Customer shall not violate ZIPTIE’s Intellectual Property Rights; in particular, the Customer is not allowed to copy, modify, interfere with, decompile, alter, develop, integrate or playback the ZipTie Website or Documentation. The Customer solely, in arrangement with, and/or by any third party is prohibited from conducting any reverse or backwards engineering activities on the ZipTie Website, Documentation, or any other ZIPTIE Intellectual Property Rights.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the ZipTie Website in breach of these T&C, your right to use the ZipTie Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the ZipTie Website or any content on the ZipTie Website is transferred to you, and all rights not expressly granted are reserved by ZIPTIE. Any use of the ZipTie Website not expressly permitted by these T&C is a breach of these T&C and may violate patent, copyright, trademark, and other laws.

Prohibited Uses

You may use the ZipTie Website only for lawful purposes and in accordance with these T&C. 

You agree not to use the Website to:

  • send automated queries of any kind to the ZipTie Website without ZIPTIE’s prior written consent;
  • act in a way that endangers the stability of the ZipTie Website; 
  • use the ZipTie Data in a manner which can violate the law(s) and / or well-established good market practice(s) – custom(s) – and / or moral rights of any kind anywhere in the world; or
  • bring any malicious software into the ZipTie Website which could cause the ZipTie Website to be destroyed, damaged, or rendered inoperable due to the occurrence of any event, passage of time, or the taking of, or failure to take, any action.

Customer Content

Subject to these T&C, the Customer hereby grants ZIPTIE, its Affiliates, and its and their successors and assigns hereto a limited, revocable, non-exclusive, royalty-free, worldwide right and license to (i) display, download, modify, reproduce, use, perform, distribute, store, and transmit Customer Content in connection with providing and maintaining the ZipTie Website; and (ii) use Customer’s name, trade name, logo(s), trademarks (whether registered or unregistered) for customer reference and marketing, advertising and promotional purposes on the ZipTie Website.

You represent and warrant that You: 

  • will act in good faith
  • possess the right, authority, and capacity (legal title) to enter into this Agreement through the acceptance of the T&C;
  • possess the right, authority, and capacity (legal title) to use the ZipTie Website with respect to your Customer’s Website.

Monitoring and Enforcement; Termination

ZipTie Website access is given to You on a subscription basis.  Upon successful completion of a Customer account on the ZipTie Website, You will have a 14-day free trial period of access to the ZipTie Website along with 10k credits to be used within that period. Unused credits shall be forfeited after conclusion of the free trial period. A Customer shall be allowed to commence a basic or upgraded subscription to purchase additional credits upon the successful completion of a Customer account – with or without awaiting the end of the free trial period. 

If not canceled during the free trial period, any Customer subscription (basic or upgraded) shall be automatically renewed monthly, commencing on the day concluding the free trial period. The Customer subscription shall remain until terminated by the Customer. A credit package within a basic subscription shall be used within each given month (billing period). Any unused credits shall be forfeited at the conclusion of each billing period.  The Customer shall be free to add further credits by means of an upgraded subscription, up to 1 million credits.  The Customer may modify subscriptions at the end of a given (current) billing period. 

The Customer may unsubscribe at any time from any subscription, where after access to the ZipTie Website shall remain activate until the end of the given (current) billing period. Any and all subscriptions are nonrefundable, except where the Customer purchases further credits by means of an upgraded subscription.  If a Customer with an upgraded subscription wishes to receive a refund of any purchased credits, the Customer may request such a refund by contacting ZIPTIE via this Contact Form.

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ZipTie Website. 
  • Terminate or suspend your access to all or part of the ZipTie Website for any violation of these T&C.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ZipTie Website. YOU WAIVE AND HOLD HARMLESS ZIPTIE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the ZipTie Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the ZipTie Website, or by anyone who may be informed of any of its contents.

The ZipTie Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ZIPTIE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ZIPTIE. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the ZipTie Website

All information we collect on the ZipTie Website is subject to our Privacy Policy.  By using the ZipTie Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

The ZipTie Website examines indexation status of a given webpage. In order to use the ZipTie Website, the Customer shall set up an account via the ZipTie Website. The login credential(s) and the password(s) of the Customer enable access to the ZipTie Website and allow for subsequent placing of Order(s). A credit card is required at the time of registration. Once an account is successfully set up, the Customer can place an Order with respect to the Customer’s Website. 

In order to effectively generate a Report, the Customer shall ensure that:

  • scripts aimed for checking content of the Customer’s Website are not blocked by any element of the Customer’s Website;
  • the sitemap of the Customer’s Website along with any subpages is publicly available – where there is no public sitemap, it is necessary for the Customer to provide sitemap addresses within the Order; and
  • the content of the subpages is not restricted in any way from content-checking mechanisms (i.e., a paywall).

Each and any failure to adhere to the premises listed above shall result in either the Report not being issued or being issued in a defective manner. Once per given Order, Search Engine Data is provided to the ZipTie Website upon which payment for the Order is settled. The Customer shall then receive the Report.  If for any reason the Report cannot be generated, the Customer shall be allowed to cancel the given Order and to receive a full refund with respect to such Order. Report delivery timeframes may be adjusted from time to time. In such instances, ZIPTIE shall without any undue delay, inform the Customer about any required extension of affected deadlines and provide updated delivery date(s).

Some features of the ZipTie Website may be released as a beta version which entails limited availability of that version to Customers.  The Parties shall maintain commercially reasonable administrative, physical, and technical safeguards designed to help protect the security of each Party’s internal networks and/or applications from malicious activity and to provide for the privacy, confidentiality and integrity thereof. Neither Party shall be liable for breaches of security caused by the other Party’s failure to secure its networks or safeguard any access of information, including login credential(s) and password(s), unless otherwise expressly discussed herein.

Geographic Restrictions

ZIPTIE is based in the State of Texas in the United States. Access to the ZipTie Website may not be legal by certain persons or in certain countries. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the ZipTie Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE ZIPTIE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZIPTIE WEBSITE IS AT YOUR OWN RISK. THE ZIPTIE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZIPTIE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZIPTIE NOR ANY PERSON ASSOCIATED WITH ZIPTIE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ZIPTIE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ZIPTIE NOR ANYONE ASSOCIATED WITH ZIPTIE REPRESENTS OR WARRANTS THAT THE ZIPTIE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZIPTIE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ZIPTIE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZIPTIE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, ZIPTIE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

To the fullest extent provided by law, ZIPTIE shall not be held liable for improper / part performance or non-performance of these T&C if such improper or non-performance is a result of force majeure. Force majeure shall be deemed as an extraordinary external occurrence which could not be foreseen at the time of placing any given Order, or which ZIPTIE could not prevent. Within the meaning of these T&C, “Force Majeure” includes, but is not limited to, any act(s) or omission(s) of government authorities, cyber-attract(s), strike(s), lockout(s), war(s), blockade(s), uprising(s), riot(s), epidemic(s), earthquake(s), fire(s) and flood(s).

ZIPTIE’s liability for damages resulting from improper or non-performance of these T&C including any direct and / or indirect liability for a Report being issued in any and all cases shall be limited to factual damage incurred by the Customer. This shall mean that liability does not extend to the loss of benefits, loss of income, loss of production, damages resulting from losing any contract and / or client, and any other indirect, consequential damage or loss other than the damage directly related to ZIPTIE’s Report, and cannot exceed the amount of net remuneration of ZIPTIE per given Order.

Indemnification

You agree to defend, indemnify, and hold harmless ZIPTIE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&C or your use of the ZipTie Website, including, but not limited to, your Customer Content, any use of the ZipTie Website’s content, services, and products other than as expressly authorized in these T&C, or your use of any information obtained from the ZipTie Website.

Governing Law and Jurisdiction

BY USING THE ZIPTIE WEBSITE YOU ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS.  SPECIFICALLY, YOU ARE AGREEING TO THE FOLLOWING CHOICE OF LAW PROVISION.

All matters relating to the ZipTie Website and these T&C, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Law of Poland, and Polish Law shall apply, without giving effect to any choice or conflict of law provision or rule (whether of the country of Poland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these T&C or the ZipTie Website shall be instituted exclusively in the Common Court of Poland, although we retain the right to bring any suit, action, or proceeding against you for breach of these T&C in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by ZIPTIE of any term or condition set out in these T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ZIPTIE to assert a right or provision under these T&C shall not constitute a waiver of such right or provision.

If any provision of these T&C is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the T&C will continue in full force and effect. 

Entire Agreement

These T&C and our Privacy Policy constitute the sole and entire agreement between you and ZIPTIE regarding the ZipTie Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the ZipTie Website. 

Complaint Procedure

The Customer shall verify Report(s) being delivered in every respect as soon as the Report(s) are issued to the Customer. The Customer shall notify ZIPTIE immediately of any inaccuracies in the ZipTie Data. Where the Customer claims that any Reports are damaged and / or not compliant with the related Order, the Customer shall immediately and in any case not later than within ten (10) business days from the issuance date of the Report, prepare a complaint email in which the Customer specifies the Reports(s) and / or ZipTie Data defect(s). Any complaint email shall be submitted to ZIPTIE via the Contact Form.

ZIPTIE shall examine complaints against any Order within fourteen (14) business days of receipt. ZIPTIE reserves the right upon complaint examination to accept, partially accept or reject the given complaint. Where ZIPTIE accepts a given complaint, ZIPTIE reserves the right to decide how to eliminate the defect(s) of a given Report, in particular we shall decide whether the given Report shall be reissued or fully / partially refunded.