These Terms of Service constitute a legally binding agreement between Zoop Tech LLC, a Florida limited liability company (“Zoop,” “Company,” “we,” “us”), and the entity or individual accepting these Terms (“Customer,” “you”). By accessing or using any Zoop website, software, application, API, or service (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are accepting these Terms on behalf of an entity, you represent and warrant that you have full legal authority to bind that entity.
The Services are offered exclusively for commercial, business, and professional use. You acknowledge and agree that you are not a consumer and that consumer protection laws do not apply to this Agreement.
Customer is responsible for:
Zoop may rely on any instructions received through Customer credentials.
Access to the Services is provided on a subscription basis pursuant to an order form or online plan selection.
Subscriptions automatically renew for successive terms unless cancelled at least thirty (30) days prior to renewal.
Any minimum subscription levels or user commitments agreed to are binding for the full term, regardless of actual usage.
Zoop may enable integrations with third-party services, including payment processors such as Stripe. Customer acknowledges:
Use of third-party services is subject to their separate terms.
Customer shall not:
Zoop may suspend access for violations.
Customer retains ownership of Customer Content. Customer grants Zoop a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Content as necessary to provide the Services.
Zoop retains all rights in Aggregated Data, metadata, usage analytics, system logs, and improvements derived from the Services.
Zoop may provide AI-powered or automated features. Customer acknowledges:
Customer is solely responsible for decisions made based on AI outputs.
Customer represents and warrants that it has obtained all legally required consents to contact its customers using the Services. Customer shall defend, indemnify, and hold harmless Zoop from all claims arising from communications sent by or on behalf of Customer.
Zoop will use commercially reasonable efforts to make the Services available but does not guarantee uninterrupted or error-free operation. Maintenance, updates, and outages may occur.
Any service level commitments are set forth in a separate Service Level Agreement, if applicable.
Zoop may suspend or terminate access immediately for:
Upon termination, Customer’s access will cease and data export may be requested within forty-five (45) days.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZOOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOOP’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO ZOOP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. ZOOP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
Customer shall indemnify, defend, and hold harmless Zoop from any claims, damages, liabilities, and expenses arising from:
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Exclusive venue shall lie in the state or federal courts located in Orange County, Florida.
Customer may not assign these Terms without Zoop’s prior written consent. Zoop may assign freely.
Zoop may modify these Terms from time to time. Continued use of the Services after notice constitutes acceptance of the revised Terms.
These Terms, together with any order forms, policies, or addenda referenced herein, constitute the entire agreement between the parties regarding the Services.
