Terms of Service

Latest Updated: April 15th, 2024

These Terms of Service (“Terms of Service” or “Terms”) govern your access to and use of our websites, including https://www.zipstack.com, https://unstract.com, and any future URLs (collectively, the “Sites”), along with any related software, documentation, and digital services (together with the Sites, referred to as the “Service”). These services are provided by Zipstack, Inc., also referred to as “Zipstack”, “Unstract”, “we”, “us”, or “our”. By using any part of the Service, you agree to these Terms.

BY REGISTERING TO USE THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND YOUR ORGANIZATION TO THIS AGREEMENT, AND THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT.

If you do not agree to these Terms of Service, you shouldn’t access (and you don’t have our permission to access) the Service.

We reserve the right to amend these Terms, or any other policies or guidelines, at any time. We will notify you of these changes through various methods, which may include emailing you, posting an announcement on the Site, or updating the Terms on the Site with a revised date. These changes will take effect once we have provided notice. By continuing to use the Site or the Service after such notice, you are acknowledging and accepting the updated Terms. You are responsible for securing the necessary hardware and telecommunications services needed to use the Services and for all associated costs.

For details on how we collect, use, and disclose user information, please refer to our privacy policy at https://unstract.com/privacy-policy/. By accessing and using our Site and Service, you agree to the practices described in this policy, which we may amend periodically.

Account and Transactions:

Account Setup: To access the Service, you must create an account by providing accurate and personal information. It is crucial to keep your contact details current to ensure you receive essential notifications.

Subscription and Customized Service Accounts: You may access the Service through various paid options, including monthly or annual subscriptions, or tailored service agreements outlined in an Order Form or a separate contract. For more details or to set up a special arrangement, please contact us at support@unstract.com.

Self-Serve Accounts

Our Service is available under both paid and free self-serve options. You are prohibited from opening multiple accounts or engaging in any activity that circumvents established rate limits. Violations may lead to immediate termination of your account without refund or reinstatement rights.

We make no representations or promises regarding the security of the Service. Despite our security efforts, it is possible that unauthorized individuals will obtain your information, such as through web-scraping tools (even though we do not authorize and in fact prohibit that behavior). You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you will:

Keep your account credentials, like your username and password, confidential.
Not share your credentials and limit access to your devices.
Use encrypted connections to access our Service.
Regularly update your device’s operating system and maintain active anti-malware protections.
Revoke access promptly within 24 hours for any terminated employees.
Notify us within 72 hours of any security incidents that could impact us.
Contact us at support@unstract.com with concerns about potential Service vulnerabilities.

We may make available the ability to purchase, subscribe to, or otherwise obtain access to certain of the Services (a “Transaction”). For paid Transactions, you’ll need to provide payment information like your credit card details. You represent and warrant that you have the legal right to use the provided card. By submitting your payment details, you authorize us to share it with trusted vendors for processing. We may verify your information before completing a transaction. You agree to use purchased services only for legal purposes.

We reserve the right to:

Limit, discontinue, or cease support for any Service.
Impose conditions on the use of promotions, discounts, or coupons.
Prohibit any user from conducting Transactions.
Deny any user access to our Services.

Refunds are not offered, but you may cancel your subscription at any time. You are responsible for all charges incurred during your use of the Services, at the rates applicable at the time of the transaction, including taxes. For any excess usage, we will issue invoices payable within 30 days of the invoice date. Email order confirmations are provided for informational purposes only and do not constitute our acceptance of your order.

Changes to the Service and Termination:

We may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service or other access we provide. The Terms of Service will apply to any changed version of the Service. We may also suspend or stop the Service altogether. In addition, we may impose or alter fees for new or existing aspects of the Service at any time.

These Terms are effective until terminated. We reserve the right to suspend or terminate your access to any Service at any time, with or without notice, for any reason, including, but not limited to, if you violate this Terms. Upon termination or suspension, your right to use the Service will immediately cease, and we may deactivate or delete your account and all related materials, without any obligation to provide further access.

Usage Restrictions:

Do not upload, share, or disseminate any material through the Services that:

Is threatening, harassing, degrading, hateful, or intimidating, or that undermines the rights and dignity of others.
Is defamatory, libelous, fraudulent, or otherwise illegal.
Is obscene, indecent, pornographic, or generally objectionable.
Is covered by copyright, trademark, trade secrets, rights of publicity or privacy, or any other proprietary rights without the explicit prior written permission from the rightful owner.

Prohibited Actions:

Do not disseminate viruses, worms, Trojan horses, or other harmful or invasive computer codes intended to disrupt, damage, or hijack the operation of any hardware or software.
Avoid using the Services in any way that infringes on intellectual property or other rights, engages in fraud, or violates any law.
Refrain from harvesting or collecting information about users of the Services or systematically downloading and storing our content.

Service Integrity:

Do not interfere with, disrupt, or undermine the functioning of the Services or any related servers or networks.
Avoid any attempts to disguise or hide your identity or the identity of your products or services when using the Services.
Do not modify, reproduce, or otherwise exploit any part of the Services without our express prior written consent.

Technical Restrictions:

Do not reverse engineer, disassemble, or otherwise attempt to access the source code of any part of the Services, except as permitted by law.
Avoid using the Services or their outputs to develop competing products or services.

Intellectual Property:

Do not remove any copyright, trademark, or other proprietary notices from the Services.
Use of automation tools like robots or spiders for scraping or data mining is prohibited without our explicit prior written permission.

Slack and other interactive communication channels:

When you contribute content, comments, or other materials to the Slack community, including posts in Slack channels and other interactive project features (each referred to as a “Contribution”), you are making these available publicly. Please be aware that we do not have control over, nor are we responsible for, how third parties use, misuse, or distribute your Contributions. If you choose to share personally identifiable information or other sensitive data in your Contributions, remember that you do so at your own risk.

Content:

By publishing, uploading, or otherwise making available any data, documents, images, text, or other content through our Site or Service (collectively, “Content”), you acknowledge that you are solely responsible for the Content and any associated liability or harm that may arise. This responsibility extends to all Content associated with your account, regardless of whether it was added by you or a third party, and applies regardless of the Content’s nature or your ownership or creator status.

For users of the free version of our Service, when you submit Content to the Platform, you grant us the following worldwide, royalty-free, and non-exclusive licenses:

To use, reproduce, modify, adapt, and publish the Content to facilitate the provisioning of the Service.
To compile aggregations and summaries of the Content, which we can publicly disclose and distribute to support our business. These uses may continue even after these Terms are no longer in effect, provided they do not directly or indirectly identify you or your Content.

If you choose to remove your Content, we will make reasonable efforts to delete it from the Service, although residual copies may remain due to caching or other factors.

We reserve the right, without obligation or liability, to reject or remove any Content at our discretion if it is deemed to violate these Terms, our policies, any third-party intellectual property rights, or if it is otherwise harmful or objectionable.

Additionally, for users of the free version of the Service, you grant us a perpetual, irrevocable, fully paid-up, transferable, sublicensable license to use, reproduce, distribute, modify, and create derivative works from the Content. This extensive licensing supports the provision, development, and enhancement of our services and offerings, specifically for the free versions.

Furthermore, any ideas, proposals, or suggestions you provide related to the Services will be considered non-confidential and unrestricted Contributions, imposing no fiduciary duties on us.

You warrant that you possess all necessary rights to grant these licenses and that your Content does not breach any laws or third-party rights. You also irrevocably waive any moral rights or other rights of authorship or integrity you might hold under any legal theory.

Warranty Disclaimer:

YOU ACKNOWLEDGE THAT THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES REGARDING:

WHETHER THE SITE OR SERVICES MEET YOUR SPECIFIC NEEDS.
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE SITE OR SERVICES.
ACCURACY OR RELIABILITY OF RESULTS OBTAINED THROUGH THE SERVICES.
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED THROUGH THE SITE OR SERVICES MEETING YOUR EXPECTATIONS.
CORRECTION OF ANY ERRORS IN THE SITE OR SERVICES.

ADDITIONALLY, WE SPECIFICALLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Indemnification:

You agree, at your sole expense, to defend, indemnify, and hold harmless us (and our directors, officers, employees, consultants, representatives, affiliates, licensors, suppliers, partners, and agents) from and against any and all actual or threatened claims, lawsuits, actions (legal or equitable), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising out of or relating to:

your Content or use of the Site/Service;
any violations of these Terms by you; and
any breach of your Obligations which encompasses any failure to fulfill your responsibilities as outlined in these Terms, including any misrepresentations or warranties.

You will not settle any claims requiring us to pay money or admit wrongdoing without our prior written consent, which we may grant or withhold at our sole discretion.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR SERVICE EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID IN SUBSCRIPTION FEES DURING THE THREE MONTHS PRIOR TO THE FIRST CLAIM; OR (II) ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF CLAIMS ASSERTED.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICE. THIS HOLDS TRUE WHETHER THE CLAIM IS BASED IN CONTRACT, STRICT LIABILITY, TORT, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SECTION REMAINS EFFECTIVE EVEN IF ANY SPECIFIED REMEDY IN THESE TERMS FAILS ITS ESSENTIAL PURPOSE.

Independent Relationship and Severability:

This agreement creates no agency, partnership, joint venture, or employment. Neither party can bind the other to a third party. Any provision found to be invalid or unenforceable will be severed, and the remaining provisions will remain in full force and effect.

Force Majeure:

Neither party will be liable for delays or non-performance due to events beyond their reasonable control, including acts of God, natural disasters, war, government actions, strikes, or lockouts. Prompt notice must be given by the affected party in such cases.

Governing Law and Dispute Resolution:

This agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Except for small claims court matters, all disputes arising from this agreement will be resolved through final and binding arbitration on an individual basis. You agree that class arbitrations and class actions are not permitted, and you are hereby giving up the ability to participate in a class action lawsuit. The arbitration will be conducted before a neutral arbitrator under the American Arbitration Association’s Consumer Arbitration Rules, as modified by this agreement. The arbitrator may conduct hearings by teleconference or videoconference unless an in-person hearing is deemed necessary. The arbitrator’s decision will be final and binding. This agreement does not prevent you from bringing issues to the attention of relevant authorities.