Terms of service

  1. SCOPE OF APPLICATION
    1. These Terms and Conditions (hereinafter referred to as the “T&C”) shall apply to all and any service provision agreements(s) being concluded by ZIPTIE LLC having its business premises at 108 Wild Basin Rd South, Suite 250, Austin, TX 78746, Texas, United States of America (hereinafter referred to as the “ZIPTIE”) and any entity regardless of its geographical location and / or legal form – a natural, legal or other person – being a registered user at the ZipTie Website (hereinafter referred to as the “Customer”) in which the subject matter of the agreement is the service of the Report provision via ZipTie Application. (hereinafter the ZIPTIE and the Customer are referred collectively as the “Parties”).
    2. By concluding the agreement(s) the Customer hereby acknowledges and accepts the T&C. The Customer shall be deemed to have acknowledged and consented to the current T&C upon the moment of successful opening a user’s account at the ZipTie Website.
    3. By concluding the agreement(s) the Customer hereby acknowledges and accepts the ZIPTIE’S Privacy Policy being available at: https://www.ziptie.dev/privacy-policy.
    4. By concluding the agreement(s) the Customer being a natural person hereby waives (her)his right to a (14 days) contractual withdrawal, pursuant to the respective provisions of the consumer laws.
    5. This T&C shall apply to any and all agreement(s) being concluded in any form, in particular the electronic one.
    6. In the unlikely event of discrepancies between the T&C and any individual agreements and / or negotiations and / or concluded contractual provisions the terms of the given contract terms shall prevail. The T&C shall apply to the extent not regulated by such contract.
    7. Under no circumstances the Customer’s internal policies and / or regulations shall be binding upon ZIPTIE. In the absence of any prior written arrangement(s) the T&C shall render void and replace all other clauses set forth by any Customers internal policies and / or regulations.
    8. Each and any breach of this T&C on the part of the Customer shall entitle ZIPTIE with the right to contract termination along with the cessation of the service(s) provision.
    9. ZIPTIE reserves the right to refuse access to the Application the Customer who is not the owner of the Customer’s Website. The legitimacy of the Customer’s actions towards the Customer’s Website shall remain at the sole discretion of ZIPTIE.
    10. This T&C is publicly available on the ZIPTIE website which is available at: https://www.ziptie.dev/terms-of-service.
  2. DEFINITIONS
    1. Wherever the following terms are used in this T&C, they shall have the meanings given below.
      1. the Application / the ZipTie Application – the tool through which the service is provided to the Customer.
      2. the Customer’s Website – the website operated by the Customer.
      3. the Documentation – the ZipTie Application and / or the ZipTie Website documentation, user manuals, and other information (either provided directly to the Customer by the ZIPTIE or being made available online via ZipTie Website) detailing the Applications and / or the ZipTie Website performance and operations.
      4. the Google – the Google LLC having its business premises at 1600 Amphitheatre Parkway Mountain View, CA 94043, California, United States of America possessing and operating the largest web search engine.
      5. the Order – the requested operating range of the ZipTie Application performance.
      6. the Price List – the list detailing certain configuration(s) of service(s) provision along with the respective timeframe(s) and price(s); all concerning the Report(s) provision.
      7. the Report – a document generated by the Application being an output of the Search Engine Data processed.
      8. the Search Engine Data – the information being gathered from Google or being provided by the Client and related to Customer’s Website; its subpages, indexation, etc.
      9. the ZipTie Data – all the information provided by the ZipTie to the Customer; either directly or via ZipTie Application.
      10. the ZipTie Website – the website of https://www.ziptie.dev/ being hosted by ZIPTIE through which the Application shall be providing the service(s) to the Customer(s).
  3. CUSTOMERS OBLIGATIONS, REPRESENTATIONS AND WARRANTS
    1. The Customer inter alia hereby represents and warrants that (s)he:
      1. acts in good faith
      2. possess the right, authority, and capacity (legal title) to conclude the agreement through the acceptance of this T&C;
      3. possess the right, authority, and capacity (legal title) to use the Application with respect to Customer’s Website.
    2. The Customer shall not be allowed to send an automated queries of any kind to the Application and / or to the ZipTie Website without the ZIPTIEs prior written consent.
    3. The Customer shall not be allowed to act in a way that endangers the stability of the Application and / or ZipTie Website.
    4. The Customer shall not be allowed to 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.
    5. The Customer is solely responsible for ensuring that the Report(s) is / are appropriate and suitable for (her)his needs. The Customer hereby acknowledges and accepts that ZIPTIE does not warrant that any particular result will be presented by the Report.
    6. The Customer, hereby acknowledges and accepts that (s)he is aware of the potential impact of the reporting mechanisms (gathering Search Engine Data) on the Customer’s Website’s operations – in particular with respect to the security functionalities aimed at prevention of cyber-attack(s).
    7. The Customer is solely responsible for maintaining the security and confidentiality (her)his login credential(s) and password(s).
    8. The Customer shall ensure that (s)he will not bring any malicious software into the Application and / or into the ZipTie Website which could cause the Application and / or the ZipTie Website to be destroyed, damaged, or rendered inoperable due to the occurrence of any event, the passage of time, or the taking of, or failure to take, any action.
  4. ZIPTIE’S OBLIGATIONS, RESERVED RIGHTS AND LIMITATIONS OF LIABILITY
    1. ZIPTIE shall decide on the choice of materials, information, and data for inclusion in the Application and / or ZipTie Website.
    2. ZIPTIE shall remain allowed to make the arrangement(s) with respect to the further development(s) of the Application and / or ZipTie Website, what includes the scope of integration(s) and update(s).
    3. ZIPTIE is entitled to grant a license and / or a sublicense for the Application’s use and / or development and / or integration, including the Search Engine Data databases access.
    4. ZIPTIE shall not be liable for any email delivery obstacles.
    5. ZIPTIE does not provide a service to interpret and / or analyse the content of the Report and / or other ZipTie Data.
    6. ZIPTIE shall not bear responsibility for the Report(s) accuracy being generated once the Search Engine Data were changed.
    7. ZIPTIE reserves the right to make the Application unavailable during the time(s) being required to process the necessary developments and /or updates and / or maintenance and / or testing. In such case ZIPTIE shall provide the Customer with an information concerning the reasons and time frames of a given unavailability.
    8. ZIPTIE reserves the right to make a visual and / or functional modifications to the Application and / or to the ZipTie Website from time-to-time for the purpose of maintaining or improving security, ensuring the optimal performance, meeting the industry standard business requirements, and adding or improving functionalities. ZIPTIE reserves the right to make such changes without any prior notification being given to the Customer.
    9. Any period(s) of unavailability of the Application and / or the ZipTie Website shall not affect any payments being due to ZIPTIE and / or the subscription period(s).
    10. ZIPTIE has no control and shall not be responsible for any unavailability of the Application and / or ZipTie Website and / or its(their) defective performance that is caused by any system(s) not being administered by the ZIPTIE.
    11. ZIPTIE does not provide the Customer with the internet access nor will cover the cost of such access or any other fees being required to access the Application and / or ZipTie Website.
    12. ZIPTIE reserves the right to refuse to run the Report if:
      1. the execution of the Order may result in losses for either ZIPTIE or for the Customer due to issues with her(his) website;
      2. there is(are) a reasonable doubt(s) as to the legal legitimacy of the Order – i.e., pursuant to the information obtained by the ZIPTIE, the person placing the Order is not authorised to request that on behalf of the Customer;
      3. the Order (Report request) was generated by an automated script(s). – provisions of the points 1.8 and 1.9 shall apply accordingly.
    13. ZIPTIE does not warrant that the Customer’s use of the Application and / or ZipTie Website will be uninterrupted and / or error-free at all times
  5. SERVICE
    1. The ZipTie Application examines the indexation status of a given webpage.
    2. In order to use the Application, the Customer shall set up the account via ZipTie Website. The login credential(s) and the password(s) enable accessing the Application and subsequently placing the Order(s). A credit card is required at the time of registration; however, ZIPTIE will not charge the Customer within the first – 14 days – provisions of the sections 6 and 7 shall apply accordingly.
    3. The login credential(s) and the password(s) are assigned on a named-user basis and shall not be shared by a multiple individual(s).
    4. Once the account is successfully set up the Customer can place the Order with respect to the given Customer’s Website.
    5. In order to effectively generate a Report, the Customer shall ensure that: 
      1. the scripts aimed for checking the content at the Customer’s Website are not blocked by any element of the Customer’s Website; and
      2. the sitemap of the Customer’s Website along with the subpages is publicly available – where there is no public sitemap, it is necessary for the Customer to provide the sitemap addresses within the Order; and
      3. the content of the subpages is not restricted in any way from content-checking mechanisms (i.e., a paywall).
    6. 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.
    7. Referencing to each Order the Customer shall choose the source of the Search Engine Data; whether the Application shall gather that from Google’s website(s), or the Customer shall provide that on (her)his own.
    8. Once per given Order, the Search Engine Data are provided to the Application (provisions of the point 5.6 shall apply accordingly) and the Order due payment is fully settled (according to the Price List) – the Client shall receive the Report.
    9. Where 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.
    10. The Report delivery timeframes being specified in the Price List may be adjusted due to the force majeure emergence. In such a case ZIPTIE shall without any undue delay, inform the Customer about any required extension of the affected deadline and provide the expected new delivery date.
    11. Some features of the Application and / or ZipTie Website may be released as a beta version what entails its limited availability to the Customer(s).
    12. Both Parties shall maintain commercially reasonable administrative, physical, and technical safeguards designed to help protect the security of its internal networks and / or applications from the 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 information, including login credential(s) and password(s).
  6. SUBSCRIPTIONS
    1. ZipTie Application access is given to the Customer(s) on the subscription bases.
    2. Upon the Customer’s account successful setup, the Customers is given a 14 days free trial Application access along with 5k credits to be used within that period. Unused credits shall be forfeited.
    3. Notwithstanding the provisions of the point above, the Customer shall be allowed to commence a basic or upgraded subscription and / or to purchase the extra credits upon the moment of successful account setup – without awaiting the end of the free trial period. In such case(s) provisions of the point(s) below shall apply accordingly.
    4. If not cancelled during the free trial period, the subscription shall be automatically renewed for a period of 1 month after the period of 14 days referred to in the point 6.2 above, for a fee of USD 5 – the basic subscription.
    5. The basic subscription shall last until terminated by the Customer.
    6. The credit package within the basic subscription shall be used within each given month (billing period). Unused credits shall be forfeited.
    7. If the 5k credits in a monthly basic subscription is deemed insufficient, the Customer shall be free to add further credits by means of an upgraded subscription; this can range from 10k to 1million credits, and last from 1 to 12 months.
    8. Long-term upgraded subscriptions shall be discounted as per the table below.
    9. number of months discount value
      6 – 11 10%
      12 20%
    10. It shall not be allowed for a Customer to manually convert the upgraded subscription to the basic one.
    11. Once the upgraded subscription period ends the Customer reverts to the basic subscription.
    12. Customer is allowed to unsubscribe at any time from any subscription; access to the Application shall remain activate until the end of the given (current) month and / or billing period.
    13. All and any subscription(s) being purchased are not refundable.
    14. Regardless of the basic and / or upgraded subscription(s), the Customer shall have the option to purchase the extra credits package(s) at the prices being detailed in the table below.
    15. number of extra credits price
      100.000 70 USD
    16. Credits that were purchased pursuant to the point 6.12 above shall have no expiry date, shall be unrelated to the subscription being held by the Customer and shall be refundable.
    17. Customer who wishes to receive a refund pursuant to the point 6.14 above shall contact ZIPTIE via Contact Form.
  7. REMUNERATION AND PAYMENTS
    1. The Customer shall be obliged to pay the remuneration stated within the Price List via Stripe and / or via Wire Transfer(s).
    2. The Report shall not be issued to the Customer until the full due remuneration is settled.
    3. The Customer hereby authorises ZIPTIE to issue invoice(s) in the electronic form and without a signature.
    4. If applicable, the remuneration being due to ZIPTIE, in cases resulting from the applicable provisions of law(s), shall be inclusive of VAT and / or any other tax(es) in the amount(s) being applicable at the day of issuing the given invoice.
  8. COMPLAINT PROCEDURE
    1. The Customer shall verify the Report(s) being delivered in every respect as soon as it was issued. Any inaccuracies of the ZipTie Data shall be explained immediately.
    2. Where the Customer claims that the Report(s) is(are) damaged and / or not compliant with the Order, the Customer shall immediately and in any case not later than within 10 business days from the issuance date of the Report prepare a complainct email in which s(he) specifies the Reports(s) and / or ZipTie Data defect(s) and / or other kind(s) of ZIPTIEs T&C non-compliance. Complaint email shall be submitted to ZIPTIE via Contact Form.
    3. ZIPTIE shall examine the complaint against the given Order within 14 business days upon the date of Report issuance.
    4. ZIPTIE reserves the right upon complaint examination to accept, partially accept or reject the given complaint.
    5. Where it is required for examination, the Report(s) being a subject of the complaint shall be sent back by the Customer to ZIPTIE.
    6. Where ZIPTIE accepts the given complaint, it reserves the right to decide how to eliminate the defect(s) of a given Report, in particular it shall decide whether the given Report shall be reissued or fully / partially refunded.
  9. WARRANTY
    1. ZIPTIE does not grant a warranty for the Report(s) being issued.
    2. Statutory Warranty for Defects (Polish: “Rękojmia” pursuant to the article 556 and following ones of the Polish Civil Code) shall hereby be excluded.
    3. Under no circumstances shall the Customer’s internal warranty and / or supply policies and / or regulations be binding upon ZIPTIE and unless there is(are) any prior written arrangement(s).
  10. LIMITATIONS OF LIABILITY
    1. ZIPTIE shall not be held liable for improper / part performance or non-performance of the T&C if such improper or non-performance is a result of a force majeure. Force majeure shall be deemed as an extraordinary external occurrence whose appearance could not be foreseen at the time of placing given Order(s) or which the ZIPTIE could not prevent. Within the meaning of the T&C the force majeure means in particular but shall not be limited to act(s) or omission(s) of the State 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).
    2. ZIPTIE’s liability for damages resulting from improper or non-performance to the T&C including any direct and / or indirect liability for the Report being issued in any and all cases shall be limited to the factual damage incurred by the Customer. This shall mean that the liability does not extend to the loss of benefits, loss of income, loss of production, damage resulting from losing any contract and / or client, and any other indirect, consequential damage or loss other than the damage directly related to ZIPTIEs Report and it cannot exceed the amount of net remuneration of the ZIPTIE per given Order.
  11. INTELLECTUAL PROPERTY RIGHTS
    1. All and any intellectual property rights to the ZipTie Application and the ZipTie Website and the Documentation are and shall remain the exclusive property of the ZIPTIE. The Intellectual Property Rights shall mean all intellectual property rights, in particular: copyrights, patents, related rights, industrial property rights, database rights, know-how, trade secrets, rights to trade names, company names and other distinctive signs, data exclusivity rights and all other exclusive rights having an effect being similar or equivalent to the legal remedies being listed.
    2. Using ZipTie Application and / or ZipTie Website and / or Documentation and / or ZipTie Data does not constitute a transfer of any intellectual property rights being the property of the ZIPTIE.
    3. The Customer shall not violate ZIPTIE’s intellectual property rights; in particular (s)he is not allowed to copy, modify, interfere with, decompile, alter, develop, integrate or playback the ZipTie Application and / or the ZipTie Website and / or the Documentation. The Customer by himself and / or in arrangement and / or by a third party(ies) is also not allowed to conduct any reverse or backwards engineering activities on ZipTie Application and / or ZipTie Website and / or Documentation.
  12. APPLICABLE LAW AND DISPUTES RESOLUTION
    1. These T&C were created in accordance with the Law of Poland and the Polish Law shall be applied.
    2. In the event of any occurred dispute the Parties shall attempt to resolve the occurred dispute by an amicable settlement before it is submitted to the Common Court.
    3. Unless the Parties agree otherwise for the specific dispute occurred, the amicable settlement of the dispute shall not take more than 14 working days.
  13. FINAL PROVISIONS
    1. These T&C of Service shall apply as of March 15th 2022.
    2. 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.
    3. If all or any provision of this T&C is or become(s) invalid, void, or unenforceable, all other provisions, including the remaining part of the invalid, void, or unenforceable provision, shall remain fully effective and enforceable. ZIPTIE hereby undertakes to immediately replace the invalid, void, or unenforceable provision (or its invalid, void or unenforceable part) with another one in such a way that it fully meets the economic purpose of the replaced provision (or its part thereof).
    4. Headings of particular sections were created for the convenience of the Parties and shall not be considered when interpreting the T&C.
    5. Words in the singular form shall mean and include the plural and vice versa. Words in the masculine shall mean and include the feminine and vice versa.
    6. This T&C shall extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, assigns, etc. of both Parties.