ZapScope Master Service Agreement

Last Updated: [Insert Date]

1. General Terms and Conditions

ZapScope is a web service designed to help you gain competitive insights and enhance your data-driven decision-making (collectively, the “Services”). The Services and this website (the “Site”) are provided by ZapScope.
ZapScope provides its Services through proprietary "Products." By using ZapScope, you agree that your access to and use of these Products are governed by these Terms of Use.
These Terms of Use (these “Terms”) govern your access to and use of the Site and Services provided by ZapScope. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SERVICES. BY ACCESSING THE SITE, CREATING AN ACCOUNT, AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES. ZAPSCOPE’S ACCEPTANCE OF YOUR USE OF THE SITE AND/OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS.
Without limiting the above, when you use any feature of the Services, your use of these features will also be subject to the applicable guidelines, terms, agreements, and conditions (the “Policies”). These Policies are incorporated into these Terms by reference, and in the event of a conflict, the terms of such Policy will control.
In these Terms, “ZapScope,” “we,” “our,” and “us” refer to ZapScope. The words “user,” “you,” and “your” refer to individuals or entities that access and/or use the Site or Services.
These Terms do not modify any other agreements you may have with us. If you are using the Site and/or Services on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on its behalf.
We reserve the right to modify these Terms or any related policy at any time. Registered users will be notified of updates via ZapScope’s Terms Page. Your continued use of the Site and Services after any modifications will constitute your acceptance of the updated Terms. We encourage you to review the Terms periodically to stay informed about any changes.

2. Eligibility and Account Registration

You must be 18 years of age or older to use the Services. To access any feature of the Services, you must register for an account. By registering, you represent and warrant that:
Any information you provide is true and accurate. You are 18 years of age or older and legally competent to enter into and abide by these Terms. Additionally, you agree to:
(i) Provide accurate, current, and complete information as prompted by the signup, login, and/or registration forms (“Registration Data”).
(ii) Maintain the security of your password and account credentials.
(iii) Update your Registration Data and any other information you provide to ensure it remains accurate and current.
(iv) Accept all risks associated with unauthorized access to your Registration Data and any other information you provide.
(v) Notify us immediately of any unauthorized use of your account or any security breach by emailing us at support@zapscope.com.
Use of the Services is void where prohibited.

3. Free Trial and Subscription Model

ZapScope provides its Products on a subscription model, offering a 2-day free trial period for new users. Each Product is offered separately, and once the free trial period for a specific Product ends, your access to that Product will be restricted unless you subscribe to a paid plan for that Product. ZapScope reserves the right to:
(i) Determine eligibility for the free trial;
(ii) Modify or discontinue any free trial at any time without prior notice, for any reason or no reason.
By signing up for a free trial, you agree to these terms. If you wish to continue using any Product beyond its trial period, you must subscribe to a paid plan for that Product.
All sales are final. ZapScope does not issue refunds for any reason, including prepaid monthly fees. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). Subscription fees per Product are paid monthly in advance. Payments are non-refundable. If a Client cancels their subscription, access is revoked immediately.

4. Trademarks and Materials

All designs, text, graphics, images, information, data, software, logos, code, and overall site structure (collectively, the “Site Materials”) available on ZapScope are the exclusive property of ZapScope and are protected by intellectual property laws.
Your access to and use of the Site and Services is subject to these Terms of Use, and you are only permitted to use the Site Materials as necessary for the normal use of ZapScope’s Services.
Your use of the Site and/or Services does not grant you any rights or licenses to copy, reproduce, distribute, or otherwise utilize ZapScope’s trademarks, branding, or any third-party trademarks displayed on the platform.
Any unauthorized use of Site Materials is strictly prohibited.

5. Use Restrictions

You may access and use the ZapScope Site and Services only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations. ZapScope grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site and Services, as well as to view, copy, and print portions of the Site Materials strictly for personal, informational, internal, and non-commercial use.
You are strictly prohibited from reselling, sublicensing, or redistributing the Site, Services, or Site Materials without express written permission from ZapScope. You may not modify, or alter the Site, Services, or Site Materials. Additionally, you may not use automated tools such as scrapers, spiders, bots, or other data mining tools to access, monitor, or copy Site Materials or any content provided through the Services. Any attempt to bypass, disable, or interfere with security measures, including but not limited to robot exclusion headers or access controls, is strictly prohibited. Furthermore, you may not take any action that places an unreasonable or disproportionately large load on ZapScope’s infrastructure, as determined at our sole discretion. Deep-linking, framing, mirroring, or incorporating any part of the Site or Services into another website without express written authorization is also prohibited. Finally, the Site, Services, and Site Materials must not be used for any unauthorized purpose beyond those expressly permitted in these Terms.
Any unauthorized use of the Site, Services, or Site Materials will result in the automatic termination of the license granted under these Terms and may also lead to legal action under copyright, trademark, or other applicable laws. ZapScope reserves the right to revoke your access to the Site and Services if we determine, in good faith, that you have violated these Terms or any applicable law. Additionally, we may share your Registration Data, User Content, and any other materials you provide with our corporate affiliates for product support, promotion, and development purposes.
Unless explicitly stated otherwise, nothing in these Terms grants you any intellectual property rights by implication, estoppel, or any other means. The license granted is entirely revocable at any time at ZapScope’s sole discretion.

6. Third-Party Links and Content Disclaimer

The Site may contain links to third-party websites that are not under the control of ZapScope. ZapScope assumes no responsibility for the content, accuracy, or policies of any external sites linked from the Site. These links are provided solely for convenience, and their inclusion does not imply endorsement, affiliation, or approval by ZapScope. Accessing any third-party site linked to the Site is entirely at your own risk, and you are subject to the terms of use and privacy policies of such third-party sites. As part of its services, ZapScope may display, analyze, or reference third-party social media content or other publicly available data. ZapScope makes no representations, warranties, or guarantees regarding the accuracy, reliability, or legality of such third-party content, nor does it grant any rights or licenses to use such content. ZapScope disclaims all liability related to third-party content and is not responsible for any actions taken by you or any third party based on such content.

7. Modifications to the Services

The services provided by ZapScope are continuously evolving, and their form and nature may change from time to time without prior notice. Additionally, ZapScope may suspend or discontinue the Site and/or Services (or specific features within them) either temporarily or permanently, without prior notice to you or other users. We also reserve the right to impose limits on your use of the Services, including restrictions on storage of User Content, at our sole discretion and without prior notice.

8. Term and Termination

Your account will remain active until either you cancel it or ZapScope terminates it in accordance with these Terms. To cancel your account, please contact us at [your support email]. Notwithstanding anything to the contrary, ZapScope reserves the right, at its sole discretion and without prior notice, to terminate your license to use the Site and/or Services and to block or prevent your future access to them.

9. Advertisements and Promotions

ZapScope may now or in the future allow advertisers and corporate partners to post content on the Site and within our Services, as well as provide links to third-party sites and content (collectively referred to as "Advertiser and Corporate Partner Content"). These advertisements may be targeted based on information provided during account registration, interactions with the Site or Services, queries made through the Services, or other relevant data. ZapScope does not control, endorse, or adopt any Advertiser and Corporate Partner Content and makes no representations or warranties regarding its accuracy, reliability, or suitability. The types and extent of advertising on the Site or within the Services are subject to change. ZapScope may use data and information collected from your use of the Services to identify potential users, demonstrate the capabilities of the Services, and support marketing and promotional activities.

10. Feedback

You acknowledge and agree that any feedback you provide—including but not limited to suggestions, comments, ideas, or other information—whether via email or other submissions (collectively, “Feedback”) is non-confidential. By submitting Feedback, you grant ZapScope, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, modify, and incorporate such Feedback for any purpose, without any obligation of compensation or attribution to you.

11. Indemnification

You agree to defend, indemnify, and hold ZapScope, its independent contractors, service providers, consultants, and their respective directors, employees, and agents harmless from and against any and all actual or threatened claims, suits, actions, legal proceedings, judgments, damages, liabilities, or expenses arising from, related to, or in connection with: (i) your use of the Site, Services, and/or Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your infringement of any third-party rights; and (v) any User Content you post or share. This indemnification obligation applies regardless of the nature of the claim and remains in effect even after your use of the Services ends.

12. Disclaimer of Warranties

THE SITE, THE SERVICES, THE SITE MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES, AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ZAPSCOPE AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZAPSCOPE AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS, AND THE USER CONTENT. ZAPSCOPE AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT.

YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. ZAPSCOPE DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST, OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. ZAPSCOPE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS, OR ANY USER CONTENT.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST ZAPSCOPE, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS, AND THE USER CONTENT, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THESE TERMS OF USE MUST BE ADDRESSED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ADDRESSED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

13. Limitation of Liability

ZAPSCOPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL ZAPSCOPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

(i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS, OR ANY USER CONTENT; (ii) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iii) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (iv) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES; (v) LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR (vi) ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY ZAPSCOPE OR ITS USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZAPSCOPE IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL ZAPSCOPE’S AGGREGATE LIABILITY EXCEED $40.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

14. Copyright Infringement and Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, ZapScope has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

If you believe that anything on our site infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below. Name of agent designated to receive notification of claimed infringement: e-mail address of designated agent: [insert updated email address]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

15. Privacy Policy

Please refer to our Privacy Policy which also applies to your access and use of the Site and the Services, and describes our practices and policies related to the collection, use and storage of information about users of the Site and/or the Services.

16. Consent to Electronic Communications

By accessing the Site and/or using the Services, you consent to receiving electronic communications from us. Such communications may include notices about your account and information concerning or relating to the Services. You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

17. Enforcement

Any unauthorized use of this Site and/or the Services terminates your permission to access and use this Site and/or the Services and may subject you to prosecution. If any provision in these Terms is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms or your use of this Site and/or the Services must be filed with a court of competent jurisdiction within one (1) year after it arose or is permanently barred.

18. Entire Agreement

These Terms, including all Policies, constitute the entire agreement between ZapScope and you concerning the Site and the Services. These Terms supersede any and all prior agreements or communications between ZapScope and you concerning the subject matter of these Terms.

Questions & Contact Information

Questions, comments and any other correspondence regarding this Site and/or the Services may be directed to us at the email address [zapscope email].