Terms of Use
1. Introduction
Welcome to Zavayi. These Terms of Use ("Terms") govern your use of our website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
We reserve the right to update or modify these Terms at any time without prior notice. The updated Terms will be effective immediately upon posting. Your continued use of our Services after any changes constitutes acceptance of the new Terms.
2. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from using our Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful or malicious code
- Engage in any activity that disrupts or interferes with our Services
- Attempt to gain unauthorized access to our systems or networks
- Collect or harvest any personal information of other users
3. User Accounts
3.1 Registration
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to breach of these Terms or fraudulent or illegal activities.
4. Intellectual Property Rights
4.1 Our Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are owned by Zavayi or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or business purposes.
4.3 Restrictions
You may not copy, modify, distribute, sell, lease, or otherwise exploit our Services or any portion thereof without our prior written permission.
5. Payment Terms
5.1 Subscription Fees
Some of our Services may require payment of subscription fees. You agree to pay all applicable fees in accordance with the pricing terms in effect at the time of your subscription.
5.2 Payment Method
You agree to provide a valid payment method and authorize us to charge such payment method for all fees incurred through your use of our Services.
5.3 Fee Changes
We reserve the right to change our fees at any time with prior notice. The new fees will be effective at the start of the next billing cycle.
5.4 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will not receive a refund for any unused portion of your subscription.
6. Disclaimers
Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that our Services will be uninterrupted, secure, or error-free. We are not responsible for any damages arising from your use of our Services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
7. Limitation of Liability
To the fullest extent permitted by law, Zavayi and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising from or related to your use of our Services.
In no event shall our total liability to you for all claims arising from or related to these Terms or our Services exceed the amount you have paid to us in the past six months prior to the event giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Zavayi and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of our Services, violation of these Terms, or violation of any rights of a third party.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the provincial and federal courts located in Toronto, Ontario, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
10. Dispute Resolution
In the event of a dispute between the Parties arising out of or in connection with these Terms, the Parties shall first attempt to resolve the dispute through good faith negotiations.
If the dispute cannot be resolved through negotiations within 30 days, it shall be referred to and finally resolved by arbitration in accordance with the laws of the Province of Ontario. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the ADR Institute of Ontario.
11. Miscellaneous
11.1 Entire Agreement
These Terms constitute the entire agreement between you and Zavayi regarding your use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.
11.2 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
11.3 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11.4 Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder at any time without notice.
12. Contact Us
If you have any questions about these Terms, please contact us:
By email: info@zavayi-nifize.pics
By mail: 123 Bay Street, Toronto, ON M5H 2A2, Canada