ZERO KEYBOARD, INC.
TERMS OF SERVICE
This Terms of Service (“Terms of Service”) governs the relationship between You (“You”) and Zero Keyboard, Inc., and its affiliates (“ZKB”) regarding the use of the Zero Keyboard solution which consists of a downloadable application and other related connection services enabling You to access Salesforce.com (“Zero Keyboard”). ZKB is the exclusive reseller and operator of the Zero Keyboard application.
By using or otherwise accessing the Zero Keyboard application, You become a user of Zero Keyboard and agree to be bound by these terms and conditions. Zero Keyboard is provided to You under this Terms of Service for Your personal use only. If You do not agree to this Terms of Service, do not use Zero Keyboard.
You become a registered user of Zero Keyboard by signing in with your Salesforce.com account (”Account”). Zero Keyboard identifies your username but does not store your passwords. You shall give to ZKB correct personal and other information necessary for the use Zero Keyboard. You shall inform ZKB of any changes to such information.
Your use of Zero Keyboard might be governed also by separate policies, as provided in connection with Salesforce.com or other services. If You are accepting this Terms of Service on behalf of a company or other legal entity, You warrant that You are authorized to do so.
You may update, change or remove Your Account information by contacting us at [email protected].
ZKB grants You, subject to Your acceptance to and compliance with this Terms of Service, a non-exclusive, non-sublicensable, non-transferable, revocable limited right to use Zero Keyboard for restricted commercial use only. All other rights shall be reserved.
You are solely responsible for all activity on Your Account whether within Zero Keyboard or Salesforce.com, as well as for the security of Your computer or mobile systems. You may not reveal, share or otherwise allow others to use Your login information or Account, or let anyone access Your Account.
You are personally responsible for the login information and Account and for all of the communication and activity in connection with Zero Keyboard, Salesforce.com or any other services that results from the use of Your Account. You may not charge others for the right to use Your Account, or sell or otherwise transfer Your Account. You will not sell or give away Your Account, create an Account using a false identity or information, or on behalf of someone other than Yourself.
2.3 Limitations of Use
You may not use the Zero Keyboard application for any purpose other than the permitted use of Zero Keyboard, nor reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Zero Keyboard, or to obtain any information from services by any method not expressly permitted by ZKB.
2.4 System Requirements
You understand that Zero Keyboard is an evolving solution and that for reasons that include, without limitation, system security and stability, Zero Keyboard may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.
ZKB provides new versions, enhancements, upgrades or updates of Zero Keyboard in its sole discretion. All upgrades and updates are provided to You on a license exchange basis. By using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by ZKB with additional or different terms.
You may need to update third-party software from time to time to use Zero Keyboard.
2.5 Your Salesforce.com Account
Zero Keyboard communicates with Salesforce.com and gives You an ability to create and submit content to Salesforce.com. Zero Keyboard does not provide any license or right to use Salesforce.com and You and your organization will be responsible for any access rights relating thereto.
The functionality of Zero Keyboard may depend on the scope of license granted by ZKB and Salesforce.com to their respective applications and services as well as the configurations or authorizations set by your Salesforce.com enterprise admin.
Zero Keyboard (including the related software and media) is protected by copyright and other intellectual property laws. ZKB and other rights holders retain their respective rights title and interest to Zero Keyboard (including without limitation any server software and user interface and documentation relating thereto).
You acknowledge that You have no right or title in or to any of the above or any other attributes associated with Zero Keyboard and Your use of Zero Keyboard does not imply any transfer thereof to You.
4. INTERACTING WITH THIRD PARTY SERVICES
4.1 Access to Other Services
Upon Your authorization Zero Keyboard may access Your user account(s) in Salesforce.com or other third-party services (including associated data and other material) to allow You to interact with such third-party services using Zero Keyboard, including the creation and submitting of content to such services, when permitted by such services.
4.2 User Content
All materials and information, including but not limited to information, data or other user-generated material (“User Content”) created with or submitted through Zero Keyboard is the sole responsibility of the user from whom such User Content originated.
ZKB may, to comply with applicable laws and regulations, at its discretion or upon Your request remove or disable access to allegedly infringing User Content residing within Zero Keyboard.
The use of Zero Keyboard (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. You must comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted or transmitted does not contain material that is illegal, obscene, indecent, defamatory, or which incites religious, racial or ethnic hatred. You are solely responsible for Your interactions with other users and any other parties with whom You interact through Zero Keyboard.
You shall defend, indemnify and hold harmless ZKB, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to Your breach of this Terms of Service or portion hereof, or any act or omission by You relating to ZKB (including Your above warranties relating to User Content).
4.4 Usage Data
5.1 Usage Fees
Some features in Zero Keyboard may be available to You for free and others against the payment of relevant usage fees either by You or your organization in accordance with ZKB’s then-current prices. Upon due payment of the relevant usage fee (if and when relevant), ZKB grants You a non-exclusive and non-transferable right to use such features for their intended purposes. Your right will continue through the period for which the fees have been paid and failing any subsequent payment, may automatically be revoked upon the expiration of the paid up term.
5.2 Additional Features
You may be able to purchase additional features to Zero Keyboard, in which case You may also acquire, in consideration of payment of the relevant usage fees, a limited, personal, non-transferable, revocable license to use the same in Zero Keyboard. ZKB may manage, regulate, control, modify or eliminate additional features to Zero Keyboard or material offered in Zero Keyboard at any time, with or without notice. ZKB has no liability to You or any third party if ZKB exercises any such rights.
Your payment of usage fees will be made using an acceptable Credit Card and will be processed by a third party billing service selected by ZKB. ZKB will not store your Credit Card or payment information. The validity of your license to Zero Keyboard will be managed by the billing service.
5.4 Non-refundability of Fees
All purchases made in connection with the Service are final and non-refundable, however without limiting the possibility of a refund (if any) from the application store (such as the App Store or AppExchange) from which You purchased any additional features or material. The provision of additional features to Zero Keyboard or material for use in Zero Keyboard is a service that commences immediately upon acceptance by ZKB of Your purchase. No refund of any fees will be available, save for as provided above.
5.5 Changes to Prices
ZKB may change prices at any time by posting a new pricing structure to the ZKB Website or by sending you a notification by email.
6 THIRD PARTIES STORES SPECIFIC TERMS
6.1 Applications Provided from App Store by Apple
The following applies to the Zero Keyboard application You acquire from the App Store (“App Store-Sourced Application”):
This Terms of Service is solely between You and ZKB, not Apple, and that Apple has no responsibility for the App Store-Sourced Application or content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Terms of Service and any law applicable to ZKB as provider of the application.
Apple is not responsible for addressing any claims of You or any third party relating to the App Store-Sourced Application or Your possession or use of the App Store-Sourced Application, including, but not limited to:
(i) product liability claims;
(ii)any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms of Service and any law applicable to ZKB as provider of the application.
You acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or Your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, ZKB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms of Service.
Apple and Apple’s subsidiaries, are third-party beneficiaries of this Terms of Service as relates to Your license of the App Store-Sourced Application, and that, upon Your acceptance of the terms and conditions of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service as relates to Your license of the App Store-Sourced Application against You as a third-party beneficiary thereof.
6.2 Applications Provided from Google Play Store
The following applies to the Zero Keyboard application You acquire from the Google Play Store (“Google-Sourced Application”):
(i) the Terms of Service is between You and ZKB only, and not with Google, Inc. (“Google”);
(ii) Your use of Google-Sourced Application must comply with Google’s then-current Google Play Store Terms of Service;
(iii)Google is only a provider of the Google Play Store where You obtained the Google-Sourced Application;
(iv) ZKB, and not Google, is solely responsible for its Google-Sourced Application;
(v) Google has no obligation or liability to You with respect to Google-Sourced Application or this Terms of Service; and
7 NO WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, except as provided above, ZKB or any of its affiliates makes no warranty or representation, either expressed or implied with respect to Zero Keyboard or other services, quality, performance, or fitness for a particular purpose. As a result, all services are licensed “as is” and You, the licensee, are assuming the entire risk as to its quality and performance.
ZKB or its affiliates will have no liability whatsoever in connection with or arising from Your use of Zero Keyboard and will not be liable for any network-related problems attributable to the operation of Zero Keyboard and that network configuration changes may affect the system's performance.
ZKB or its affiliates shall not be liable, whether in contract, warranty, tort (including negligence), product liability, but not limited to these, for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use Zero Keyboard, even if they have been advised of the possibility of such damages. In no event shall ZKB’s and its affiliates’ liability to You exceed the amount you have paid to ZKB in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. Your only right or remedy regarding any problems or dissatisfaction with Zero Keyboard may be to uninstall it or discontinue your use of it.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to You. The liability of ZKB and its affiliates is in such case limited to the greatest extent permitted by law.
8 SUSPENDING ACCOUNTS AND TERMINATION
8.1 Failure to Comply with these Terms of Service
Without limiting any other remedies, ZKB may, at its sole discretion, limit, suspend, terminate, modify, or delete Zero Keyboard accounts or the access to Zero Keyboard or portions thereof if You fail, or if ZKB suspects such failure, to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of Zero Keyboard, without notice to You.
You may lose Your user name in Zero Keyboard as a result of account termination, limitation or claim by a third party, as well as any benefits, privileges, earned items and purchased items, and ZKB is under no obligation whatsoever to compensate You for any such losses or results. This shall have no effect on you rights to use Salesforce.com under your Salesforce.com account. You will not use Zero Keyboard if You have previously been suspended or banned from using any ZKB services.
ZKB reserves the right to stop offering or supporting Zero Keyboard or a part thereof at any time, at which point Your license will be automatically terminated. In such event, ZKB shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued services.
8.3 Your Right to Terminate
You may terminate Your Account at any time and for any reason by discontinuing your subscription managed by ZKB’s payment processor.
9 DISPUTES AND APPLICABLE LAW
If any dispute arises between You and ZKB, You should always to first contact ZKB directly to seek a resolution. This should be done via our customer support site at www.zerokeyboard.com and following the procedure therein. All claims and disputes between You and ZKB shall be governed by and shall be construed in accordance with the laws of New York, USA, excluding its choice of law provisions. Any claim or dispute You may have against ZKB shall be resolved or settled exclusively by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be New York, New York.
10.1 Entire Understanding
10.3 Other Services
ZKB may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such service is subject to those specific policies and these Terms of Service.
ZKB may notify You via postings on ZKB websites, and via e-mail or any other communications means to contact information provided to ZKB. All notices given to ZKB shall be in writing and addressed to the address here below. Any notices that provided without compliance with this section to ZKB shall not valid.
10.6 Modifications of these Terms of Service
11. CONTACT INFORMATION
Zero Keyboard Inc.
470 Ramona Street
Palo Alto, 94301 CA
Zero Keyboard (Blucup Ltd)