Terms of Service
Dec 14, 2023
Eﬀective: December 14, 2023
Updated: February 8, 2024
These are the Terms of Service (which we call the “Terms”) that govern our relationship with you as a user of our Services. These Terms form a legally binding contract between you and Zappy Ltd. (“Zappy”). So please read them carefully.
By using the Zappy™ App or any of our other products or services that are subject to these Terms (which we refer to collectively as the “Services”), you agree to the Terms. If you don’t agree with them, then you should not use the Services. In addition, we may need to make changes to these Terms from time to time so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you of any such changes at least 30 days before their effective date. If you do not express your intent to refuse the changes on or after the lapse of such 30-day notice period, you will be deemed to have consented to the updated Terms. If you do not wish to agree to these or any updated Terms, you can delete your account, here: firstname.lastname@example.org.
Who Can Use the Services
No one under 14 (or younger than the age of “digital consent” allowed by the state, province, territory, or country in which you reside) is allowed to create an account or use the Services. By using the Services, you represent, warrant, and agree that:
You can form a binding contract with Zappy;
you are not a person who is barred from using the Services under the laws of any applicable jurisdiction;
you are not a convicted sex oﬀender; and
you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
Creating Moments. The Zappy™ App allows you to upload, create and edit image and video posts, which we call “Moments.” Moments are posted publicly and are then viewable by every Zappy™ App user (“Public Moments”). You retain ownership of the intellectual property rights (e.g. copyright or trademarks) in any content that you create and share. Nothing in these Terms takes away the rights you have to your own content.
Uploading Content to Zappy
All Moments you create and any content you upload to Zappy must be appropriate for people ages 14 or older only. You agree that you will not use the Services to upload, create or post Moments that contain inappropriate content.
Inappropriate Content includes anything Zappy, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:
impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
includes another person's name, voice, signature, photograph, or likeness without that person's prior consent;
promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 13 years of age or otherwise objectionable;
was not created and is not owned by you and/or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails or “spam”;
uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
includes other people’s personally identifying information or other confidential information, such as credit card numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
represents that it is human-generated when it is not; or
violates or encourages or facilitates the violation of any applicable local, national or international law.
Rights We Grant You
As between you and us, Zappy (and its licensors) is the owner of the Services, including all content, information, material, software, images, text, graphics, illustrations, any content generated and returned by the Services (including any content generated as a result of your input), logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Zappy grants you a worldwide, royalty-free, non- assignable non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms allow. You may not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else to do so
Rights You Grant Us
The Zappy App lets you create, upload, input, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. You are responsible for any content you input, including for ensuring that it does not violate any applicable law or these Terms.
For all content you submit to the Services, you grant Zappy and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
If you choose to make a Moment public, in addition to the rights granted to Zappy above, you also grant Zappy, our affiliates, other users of the Services, and our business partners all of the same rights you grant for Private Moments in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory eﬀects on, publicly perform, and publicly display all or any portion of your Public Moment (including the separate video, image, sound recording, or musical compositions contained therein) in any form and in any and all media or distribution methods, now known or later developed. When you appear in, create, upload, post, or send Public Moments, you also grant Zappy, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable right and license to use the name, likeness, and voice, of anyone featured in your Public Moment for commercial and non-commercial purposes. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. If you choose to delete a Public Moment at any time after you have uploaded it, the rights you granted us in the Public Moment will cease to be effective, except as may be necessary or required by law in connection with the operation of the Services or use of the Public Moment that you permitted prior to such deletion.
Use of Content Generated by the Services
Some of the content generated by the Services is generated through the use of artificial intelligence software that uses natural language processing to answer questions in a humanlike dialogue; but it is not human generated. Specifically, we draw your attention to the fact that the technology we use to generate the content is rapidly evolving and may provide incorrect information or inappropriate content or not accurately reflect real people, places, or facts. The content generated may also not be unique (users may generate the same of similar content to other users). We encourage you to evaluate any content generated through the Services for accuracy and appropriateness before sharing or relying upon it.
The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Zappy reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of and cannot guarantee that other users or the content they provide through the Services will comply with our Terms.
Respecting the Services and Zappy’s Rights
You must also respect Zappy’s rights and adhere to these Terms and any other guidelines, support pages, or FAQ’s published by Zappy or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
use branding, logos, icons, user interface elements, designs, photographs, audio, videos, or any other materials Zappy makes available via the Services, except as explicitly allowed by these Terms, or brand guidelines published by Zappy or our affiliates;
violate or infringe Zappy’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;
copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, Zappy, or a friend link;
reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
use the Services in a way that could interfere with, disrupt, negatively aﬀect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
violate any applicable law or regulation in connection with your access to or use of the Services; or
access or use the Services in any way not expressly permitted by these Terms.
Respecting Others' Rights
Zappy respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by Zappy that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by Zappy or its affiliates.
Zappy honors copyright laws and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Zappy becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, you may file a notice with our designated agent: Zappy Ltd., Attn: [PROVIDE CONTACT INFO of Copyright Agent for Korea, if any] Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored.
If you fail to comply, we reserve the right to remove any oﬀending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account to the extent permitted under applicable law. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm’s way just to capture a Zappy.
To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account, so it is important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please immediately reach out to Support. Any software that we provide you with may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services unless we consent otherwise.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
By providing us with your mobile phone number, you agree to receive SMS messages from Zappy related to the Services, including about promotions, your account, and your relationship with Zappy.
If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
Certain Services may display, include, or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly oﬀer with the third party), each party’s terms will govern the respective party’s relationship with you.
Neither Zappy nor our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that Zappy is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites, to the extent permitted by law. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Modifying the Services and Termination
We’re always improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. However, if such actions may be reasonably expected to significantly impact your use of the services, we will try to give you applicable notice beforehand, or otherwise, we will try to give you the notice afterwards.
While we hope you remain a lifelong Zappy user, you can terminate these Terms at any time and for any reason by deleting your Zappy account (or, in some cases, the account associated with the applicable part of the Services you are using).
We may terminate or temporarily suspend your access to the Services, in whole or in part, (a) in the event of a material or repeated breach of these Terms by you, (b) to comply with any legal requirement or court order, etc., or (c) where any act causing liability or harm to us, our users or other third parties is found. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Zappy continue to be bound by Sections 4, 6 (to the extent any additional terms and conditions would, by their terms, survive), and7- 23 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Zappy, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Zappy; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, TO THE EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that these Terms allow you or Zappy to initiate litigation in a court, both you and Zappy agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated in the court of competent jurisdiction under the Civil Procedure Act of Korea.
Choice of Law
The laws of the Republic of Korea govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not aﬀect the validity and enforceability of any remaining provisions.
These Terms, including the additional terms referenced in Section 6, make up the entire agreement between you and Zappy, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, if entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
Zappy welcomes comments, questions, concerns, or suggestions. Please contact us at email@example.com
Zappy Ltd. is located at 7, Sinbong 1-ro 330-gil, Suji-gu, Yongin-si, Gyeonggi-do, Republic of Korea.