Effective Date: 2023-02-22
These Terms of Service are a binding contract between you and We Toast Food LLC (dba Zomory) (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Zomory’s products and services (referred to below simply as “Zomory”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at legal@Zomory.com.
Zomory provides software and services that enable you to search your provided content (e.g. text, images, videos, etc.), provide search results to your users, and analyze the performance of your search (collectively, the “Services”). The Services are provided to you through the Zomory website, the Zomory API, or other integration methods (collectively, the “Platform”).
You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Zomory and that your parent or guardian agrees to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
In order to use the Services, Users must register on the Website by completing the registration form. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that Zomory deems the most appropriate for providing said Services.
Users guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
The Services are accessible in the form of a subscription (hereinafter referred to as the "Subscription"). The Subscription is available in different plans, the fees and characteristics of which are indicated on the Website. You agree to pay the fees for the Subscription you choose, as well as any applicable taxes, and any other fees you may incur in connection with your use of Zomory (collectively, the “Fees”). The Fees are exclusive of taxes.
Zomory may offer free trials of the Services. If you sign up for a free trial, you agree to provide Zomory with a valid credit card or other payment method. You authorize Zomory to charge you for the Services at the end of the free trial period unless you cancel your Subscription before the end of the free trial period. If you cancel your Subscription before the end of the free trial period, you will not be charged for the Services.
Zomory may change the Fees and payment policies for the Services by notifying you at least 1 (one) month before the change takes effect, by any written mean (including email).
When effective, the new Fees apply upon the renewal of the Subscription.
The Users who do not accept the new Fees must cancel their Subscription. Users who continue to use the Services after the entry into force of the new Fees shall be deemed to have accepted them.
You agree to pay the Fees using the payment method you provided during registration. You authorize Zomory to charge you for the Services at the beginning of each Subscription period. You authorize Zomory to charge you for any additional Fees you incur in connection with your use of Zomory.
If you fail to pay the Fees when due, Zomory may suspend or terminate your access to the Services. You will remain liable for all unpaid Fees, and Zomory may collect such amounts from you using any collection method available to it, including charging such amounts to your payment method.
Zomory does not offer refunds for any reason, including if you cancel your Subscription.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Each User is solely responsible for successfully completing all necessary administrative, tax and/or social formalities concerning them that could result from their use of the Services. Zomory shall in no case be held liable in this respect.
Users acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
Users undertake to use the Services themselves personally and for their own Applications. They shall not transfer, sublicense, delegate or assign all or part of their rights under the present general terms and conditions of use to any third party.
Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise), generated by the User or by the users of the Application, contained in said Application (hereinafter referred to as the "Content").
Each User guarantees Zomory that the former has all the necessary rights and authorizations for the storing, indexing and use of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of Zomory into play.
Each User agrees to defend, indemnify and hold Zomory harmless from and against any claims, demands, actions and/or grievances whatsoever, that Zomory could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate Zomory for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.
It is strictly prohibited to use the Services to carry out activities that are unlawful, fraudulent, infringe on the rights or the security of others or are damageable to others.
Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of Zomory's Website or Software.
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and/or shared on the Website.
It is in particular strictly prohibited to make money from, sell, concede or redistribute Zomory’s Software, including through its integration in an Application or software that is intended for software, website or application development purposes, including but not limited to, development toolkits or libraries, application builders, website builders or any product that is intended for use by software, website or application developers or designers.
Zomory’s Software may thus only be used for an Application which (i) has substantially different functionality than Zomory’s Software and (ii) doesn’t allow any third party to use Zomory’s Software, or any portion thereof, for software, website or application development purposes.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Zomory, its licensors, or its suppliers be liable to you or to any other person for:
Any indirect, special, incidental, or consequential damages of any kind, or
Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Zomory in the twelve-month period preceding the applicable claim.
Zomory is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Zomory will be uninterrupted or error-free. Accordingly, we do not:
Make any representations or warranties about any content contained in or accessed through Zomory, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.
Make any representations or warranties regarding suggestions or recommendations of products or services (including Publisher newsletters) offered or purchased through Zomory. Products and services purchased or offered through Zomory, including newsletters, are provided “as-is” and without any warranty of any kind from Zomory.
Zomory reserves ownership of all intellectual property rights inherent in or relating to the Software or part of it.
The User is only granted a revocable, non-transferable and non-exclusive licence on the Software, for the sole purpose of the Services within the limits and conditions set out in the present General Terms and Conditions of use, and for the duration of the User’s Subscription.
The User consequently undertakes to refrain from copying all or part of the Software, by any means, or to carry out any use of the Software that is not included in the above mentioned licence.
Users expressly authorize Zomory to cite and use as appropriate a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
We’re always trying to improve Zomory, so our products and services may change over time. We may suspend or discontinue any part of Zomory, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Zomory. We’ll try to give you notice when we make a material change to Zomory that would adversely affect you, but this isn’t always possible or practical.
We are constantly trying to improve our products and services, so these Terms may need to change along with Zomory. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Zomory. If you use Zomory in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Zomory has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
These Terms are governed by and will be construed under applicable federal law and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.