Terms of Service

Last Updated: 15 August, 2013.

Acceptance of Terms of Service

Welcome to Zypher (a.k.a. "we" or "us" or "Zypher"). We are excited to have you as user. The following terms and conditions (collectively, these "Terms of Service") apply to your use of zypherapp.com, including any content, functionality and services offered on or via Zypher.com (the "Website"). The Terms of Service also include our Privacy Policy, that you can review here: zypherapp.com/privacy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Zypher, because by using the Applications and the Service you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Service (although we'll be sad to see you go!), or contact us at support@zypherapp.com. Zypher is all about collaborating and getting feedback on your User Interface designs, and we'll be happy to hear your comments and suggestions.

Changes to the Terms of Service, the Service and Applications

Zypher is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website, Application and the Service as well as these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the Application and the Service following the publishing of updated Terms of Service means that you accept and agree to the changes.

Accessing the Service, Security and Privacy

We are working hard on improving Zypher, but we can't guarantee that the Application will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Service you have to register by entering your username, email, full name and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using Zypher in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "thesejumbledarewords").

It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet services, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use encryption where ever possible for all registered users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided by the Service is error free. We manage your personal data according to our Privacy Policy.

Intellectual Property Rights and Use Guidelines

The Service and its original content, features and functionality (including look!), are owned by Dezine Zync and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Zypher is about collaborating and getting feedback on your User Interface designs, not Website, design or code. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Service itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to support@zypherapp.com.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service and it’s Applications. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service and it’s Applications. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Service via the Applications by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting User Content through the Applications to the Service, you do not grant us any rights over your content, for viewing, modification or derivation. However, we reserve the right to remove such content at our discretion, at any time, without prior notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.

You are permitted to use the Service and the Applications for your personal user or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Service or the Applications in any manner, or violating the Content Standards set below. No right, title or interest in or to the Service or the Applications or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Service and the Applications not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Applications that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website, Applications or other products or services.

The Service and the Applications may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Applications.

User Contributions and Content Standards. Special Disclaimer for Legal Content

Zypher contains user generated content or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Applications to the Service. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

Law and Copyright Infringement

We do not undertake to review any and all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Service from any claims resulting from any action taken by the Service during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Service or law enforcement authorities.

If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

The notice should be addressed to support@zypherapp.com.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Zypher is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Service. Because the Service and the Applications are not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

Paid Services

Billing Policies

Certain features of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms for such paid features that we will provide to you and that we may update them from time to time. Zypher may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you. If you do not wish to pay the new or modified fees or charges, your sole remedy shall be to terminate your access to the applicable services.

Refunds

You may cancel your Zypher account at any time by contacting support@zypherapp.com; however, there are no refunds for cancellation of the Service, if you have elected to use paid features of the Service. In the event that Zypher suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Zypher Services, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Third Party Links

Users using the Service, may from time-to-time post third-party links in comments. Clicking and opening these links are subject to your own consent and Zypher, it's associates, owners and/or partners will not be held responsible for any harm arising from opening these links to your devices or any party. Zypher does not monitor such links. However, users can report malicious/suspected links to support@zypherapp.com with information which can help us track down the comment.

Geographic Restrictions

The Service is made to be globally available, however, certain local laws might prevent access to the Service. We do not impose any geographic restrictions on our behalf, and thus, may not be held for any issues arrising from the same.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Maharashtra without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of India or the courts of the State of Maharashtra.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Zypher and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Contact

If you have any questions regarding the above mentioned policy or the service in general, you may contact us at support@zypherapp.com.