Last Updated: January 31, 2024
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This page explains our terms for services that enhance Zinga Point of Sale. By using the services you agree to these terms. If you use our services on behalf of your company, that company agrees to them too.
By using Zinga Point of Sale, Customer Directory and Receipts, Zinga Email and Text Message Marketing, Zinga Loyalty, Gift Cards, Zinga Staff, Zinga Messages, Appointments, Zinga Online Store, Invoices, and any associated products and services (the “Services”), you agree to be bound by the General Terms, these additional terms and conditions (“Additional Product Terms”), and all other terms, policies, and guidelines applicable to the Services used including, but not limited to, the Payment Terms if you accept payments through Zinga. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.
Our services facilitate ways for you to manage and message your customers, including sending transactional, marketing, or loyalty program messages to certain of your customers. Don’t spam your customers! You are responsible for the messages you send, making sure your customers are ok with you emailing or texting them, and complying with the law.
Our services also include ways for your customers to reach you with their feedback. Don’t use the feedback feature inappropriately (for example, asking for anything other than feedback).
You may be able to use the Services to create, send and manage marketing and other messages to your customers (“Buyers”) who have elected to receive offers and updates from Zinga merchants they frequent or who provided their contact information to you directly. Zinga is not involved in or responsible for your marketing or other messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers via Zinga or its affiliates, such as Cash App. You are responsible for marketing or other messages that you send using the Services, the Content of those messages, ensuring you have appropriate consent to send those messages, and honoring any customer privacy choices and terms included in such messages, even if your Zinga Account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses or phone numbers, and you may not use the Services to send unsolicited messages. If you offer a loyalty program to your Buyers through the Services, you agree to make available to your Buyers any terms and conditions applicable to your loyalty program. You further agree to notify your customers of any items you exclude from points eligibility under your Loyalty program. You further agree to notify your customers of any items you exclude from points eligibility under your Loyalty program. You are responsible for ensuring that your transactional messages, marketing messages, and loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.
Buyers may be able to use the Services, including digital receipts, to submit feedback to you about their recent customer experience. When Buyers submit feedback using the Services, we share that feedback with you and allow you to send responses to Buyers who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to Buyers who have not enabled replies to their feedback, (b) to request Buyer Card Information, (c) to send Buyers marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from a Buyer, you should contact Zinga Support.
A. Description. The Services that enable you to send email and text messages to your customers include Zinga Email Marketing, Zinga Text Message Marketing, and Zinga Messages (“Messages”), which provides software and related management tools for communication with your Buyers via email and text messaging, including Receipts, Zinga Loyalty, and Messages Plus (collectively, “Messaging Services”). Messages Plus is a paid service of Zinga Messages that provides additional features through the use of a dedicated Toll-Free Number (“TFN”) or a 10-Digit Long Code (“10DLC”) number (hereinafter, a “Dedicated Messaging Telephone Number” or “DMTN”), such as inbound voicemails and voicemail transcription, interactive voice response (“IVR”) actions such as a keypress to receive a message, and other features as may be added from time to time. Zinga Text Messaging Marketing also provides a DMTN for the limited purpose of sending text messages. In all cases, the DMTN does not support two-way voice communication, such as outbound telephone calls or inbound telephone calls that initiate a two-way voice conversation between a caller and a recipient.
Zinga Messages is designed and intended for one-to-one transactional messaging between a Seller and a Buyer. Zinga Email and Text Message Marketing are designed and intended for one-to-many marketing messaging between a Seller and multiple Buyers.
In these terms, “Zinga Messages” refers to all features and functionality offered by Zinga Messages and Messages Plus unless expressly stated otherwise.
B. Eligibility. To be eligible to use the Messaging Services, you must (i) comply with all applicable laws regarding eligibility to sign up for and/or use the Messaging Services, and (ii) have not previously been suspended or removed from the Messaging Services or other Services as defined in the General Terms. Specific eligibility requirements for Messaging Services may vary depending on the specific product or service. To create a Zinga Messages account, you are also required to (i) be at least 18 years old, and (ii) have a Zinga Account in the United States activated for Payment Services with Zinga.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
C. Number Verification Process.
When you sign up for Messages Plus or Text Message Marketing, you may be asked to submit information about your business, including, but not limited to, your business name, contact information, and business website. You agree that Zinga may provide this information and any other information you have previously provided to Zinga in the course of your relationship with us to our service providers to verify the DMTN for use in connection with Messages or Text Message Marketing.
You agree to provide truthful and accurate information at the time of signup, throughout the DMTN verification process, and at all times during the course of your use of Messages and Text Message Marketing, and to supplement that information at our request. Zinga may, but has no obligation to, contact you in the event of delays or interruptions in the number verification process.
You agree that Zinga may make multiple attempts to verify a DMTN with our service providers on the basis of the information you provide and/or have previously provided to Zinga. We will make reasonable efforts to retry failed verifications, including on the basis of supplemental information regarding your business, but we do not guarantee that number verification will ultimately be successful. If Zinga is unable to verify your DMTN with our service providers, we will notify you and terminate your Messages Plus and/or Text Message Marketing account as applicable.
D. Number Restrictions.
Zinga Messages may provide a DMTN to enable text messaging, voicemail, and other services. You agree to use the Zinga Messages DMTN solely in connection with the Messaging Services to facilitate direct one-to-one communication with Buyers via text message, inbound voicemail, and other features as may be added to Messages. Zinga Messages is not intended for text message marketing campaigns, and you agree not to use Zinga Messages to send coordinated marketing messages to multiple recipients, such as sending the same or similar marketing text message to multiple recipients in succession. Zinga reserves the right to limit, suspend, or terminate your access to the DMTN for marketing-related uses inconsistent with its intended use.
Text Message Marketing may provide a DMTN intended for text message marketing services, including sending the same or similar marketing texts to multiple recipients. Your use of Text Message Marketing is subject to these terms of use; however the limitations in the preceding paragraph will not apply to your use of a DMTN provided as part of your subscription to Text Message Marketing.
Zinga makes no representations or warranties as to the operability or fitness of the DMTN for any particular purpose, including, but not limited to, any uses of the DMTN outside of Zinga Messages or Text Message Marketing. You are responsible for ensuring that any telephone numbers you provide to third parties are eligible for their intended purpose. You acknowledge and agree that the DMTN provided through the Messages Services or through Text Message Marketing does not support two-way calling or outbound voice communication, and you agree not to use the DMTN to sign up for any other services that depend on the ability of a third party to contact you directly through two-way calling on the DMTN, including but not limited to emergency calling or messaging to any emergency services personnel or public safety answering points (“Emergency Services”), and any registrations, applications, or filings with external businesses or government agencies. You acknowledge and agree that the DMTN may not be transferred, assigned or “ported” to third-party service providers or other service platforms.
You agree not to use the DMTN to sign up for any text messages from third party services, including any transactional messages, marketing messages, or alerts, including but not limited to automated notices, reminders, or messages from other businesses, organizations, political campaigns, news services, or subscription services. You agree not to use the DMTN in connection with any services outside of the Messaging Services, including but not limited to those that could incur financial charges or for which bills or other notices relating to financial charges would be sent to your DMTN.
For the avoidance of doubt, you may not use your DMTN to send or receive messages with parties other than your buyers and prospective buyers from whom you have obtained consent under Applicable Marketing and Communications Laws (as defined in section II below within the Messages Acceptable Use Policy) to send a message. For services other than Zinga Email and Text Message Marketing, you may not use your DMTN for any one-to-many email or text marketing campaigns.
Zinga reserves the right to change or reclaim the DMTN(s) assigned to you in the event of a breach of these Terms, and/or where necessary for compliance with applicable law or regulation.
E. Service Availability.
You understand and agree that the Messaging Services may experience service outages and disruptions, including based on issues relating to telephone carriers, service providers, or vendors that may be outside of Zinga’s control. Zinga will make reasonable efforts to promptly resolve service disruptions, but Zinga does not guarantee the Services will be uninterrupted and available at all times or at any particular time. You agree that Zinga is not liable for any damages relating to service disruptions, interruptions, or outages.
Zinga may impose rate limits, usage limits, and any other restrictions on the use and/or availability of the Services: (i) in our discretion; (ii) as may be required to comply with obligations to carriers, vendors, and partners involved in the delivery of the Services; (iii) to maintain the integrity of our Services; (iv) to safeguard Zinga Sellers, Buyers, and any other users of our Services; and/or (v) to comply with any applicable laws, regulations, or law enforcement requests. Zinga will make reasonable efforts to notify customers of changes materially impacting the operation of the Messaging Services but is not obligated to do so. Zinga reserves the right to modify, deprecate, replace, refuse access to, suspend, disable, or discontinue the Services, partially or entirely, in our sole discretion.
F. Telephone Carrier Policies.
From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively, the “Carrier Policies”). You are responsible for complying with all Carrier Policies that apply to your use of the Messaging Services and, by using the Services, you acknowledge that your failure to comply with the Carrier Policies may result in the termination of your ability to use the Services.
You agree that in no event shall Zinga have any liability to you for any damages of any kind or nature that arise out of: (i) your failure to comply with the Carrier Policies; and/or (ii) action or inaction on the part of any telecommunications carrier, including, but not limited to, a carrier’s failure or refusal to deliver any text messages sent through the Services.
You also agree that if Zinga is fined by a carrier or other regulatory body as a result of your failure to comply with applicable laws or Carrier Policies, Zinga may charge you for, and you will pay, the amount of such fine.
G. Emergency Calling and Messaging Not Supported. You acknowledge that the Messaging Services: (i) are not an Integrated Public Alert and Warning System; (ii) do not support or transport Emergency Services, such as calls or texts to 911 or enhanced 911, and will not be used to determine the physical location of you or your devices; and (iii) are not a replacement for traditional voice, telephone or mobile phone services, including, but not limited to, calling, texting, or otherwise contacting Emergency Services, and does not function as such.
H. Your Data.
By using the Messaging Services, you acknowledge our data practices that apply to you, as set out in the Privacy Notice for Zinga Sellers and Website Visitors (the “Privacy Notice”). The Privacy Notice explains how Zinga collects, uses, and protects personal information about you and your customers. You are required to familiarize yourself with the Privacy Notice prior to using the Services.
Square reserves the right to withhold, remove, or discard any information on, sent through, or otherwise provided via the Messaging Services and/or your Square Messages account (“Messages Content”), with or without notice, if deemed by us, in our sole discretion, to be contrary to these Terms or as may otherwise be required by law. For the avoidance of doubt, we have no obligation to store, maintain, or provide you with a copy of any Messages Content that you or others provide when using the Service.
Your use of the Messaging Services is subject to the following acceptable use policy (“Messages AUP”). These policies may be updated from time to time, and your continued use of the Messaging Services after such updates constitutes your agreement to the updated policies.
Zinga reserves the right to suspend, terminate, or otherwise modify your access to the Services for violations of the Messages AUP as determined in our sole discretion.
(i) Compliance with Applicable Marketing and Communications Laws and Industry Guidelines
You will comply with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (“CAN-SPAM”), and any other applicable federal, state, or local laws, rules, and regulations (collectively, the “Applicable Marketing and Communications Laws”). You will also comply with all Carrier Policies, including, but not limited to, the most current version of the Cellular Telecommunications Industry Association (“CTIA”) Messaging Principles and Best Practices Guidelines and any other generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
You are solely responsible for: (i) collecting and maintaining your Buyer lists and other Buyer data in accordance with Applicable Marketing and Communications Laws and Carrier Policies; (ii) providing notice and obtaining consent from Buyers as required under Applicable Marketing and Communications Laws for your use of the Services, including but not limited to sending text messages; and (c) ensuring that all transactional, marketing, and promotional activities that you conduct through the Services comply with Applicable Marketing and Communications Laws and Carrier Policies, including but not limited to your Messages Content, and any contests, raffles, sweepstakes, or similar activities.
You agree that you will only send messages and communications that are within the scope of the consent obtained from a particular Buyer and you agree to honor any requests to unsubscribe or opt out from receiving further messages and any Buyer privacy choices and terms included in such messages, even if your Zinga Account is closed, suspended, or terminated.
To the extent Zinga provides guidance, templates, tooling, or suggestions via the Messaging Services or otherwise, the foregoing are provided solely for your convenience. Zinga does not assume any responsibility for your obligations under this Acceptable Use Policy, and you remain solely responsible for your own compliance, including any obligations to provide opt-out instructions in your messages where applicable. You should confer with your own independent legal counsel to determine whether your transactional and marketing activities and Messages Content meet your obligations under Applicable Marketing and Communications Laws and Carrier Policies.
The Messaging Services are not intended for the communication by text, voice recording, or email, of: (i) sensitive personal information; (ii) personal health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”); (iii) cardholder data (“CHD”), including primary account numbers (“PAN”) and personal identification numbers (“PIN”); or (iv) sensitive authentication data (“SAD”), such as card verification codes (i.e., CVC, CVV, CID); (v) customer proprietary network information; (vi) nonpublic personal information subject to the Gramm-Leach-Bliley Act (“GLBA”) or similar laws related to financial privacy and data; (vi) sensitive personal information, as defined under the California Privacy Rights Act (“CPRA”); or (vii) government identifiers that uniquely identify a natural person such as a social security number or passport number.
You agree that you will not ask for or provide via the Messaging Services information falling within any of the categories listed in this section. You further agree to not process payment transactions with CHD or SAD provided to you via the Messaging Services.
You are responsible for complying with, and ensuring your employees, contractors, agents, and any others that access the Services through your account comply with all applicable laws relating to the collection or use of any of the types of information listed in this section. You agree to comply with any Payment Card Industry Data Security Standards (“PCI-DSS”), as well as any requirements under the Network Rules, that apply to your use of the Messaging Services. You will also cooperate in forensic investigations as required by Zinga or its partners.
You agree not to perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure or that of our partners, vendors, and telephone carriers.
You may not use the Messaging Services in connection with a third-party service or integration other than those offered by and/or officially supported by Zinga. Please contact Zinga if you have questions about other third-party integrations. If you use the Messaging Services, or any data obtained via the Messaging Services, in connection with a third-party service, whether through an integration offered by Zinga or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of Buyer data in connection with such third-party service. Any use of a third-party service is at your own risk. Zinga will have no liability for your use of any third-party service in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service.
You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any information or content (including payment for any associated services) related to any of the unsupported industries listed in Section 3 of the Zinga Payment Terms, which is incorporated into these Terms here by reference and may be updated from time to time.
You further agree you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any content prohibited by the Carrier Policies or Applicable Marketing and Communications Laws or to any of the following categories of activities or information:
(v) Reporting. To report violations of this Policy, you may contact Zinga Support. You agree to notify us and provide assistance as requested if you become aware of any violation of this Policy, including, but not limited to, the improper or unauthorized use of a DMTN.
(vi) Monitoring and Enforcement. We reserve the right, but do not assume any obligation, to monitor your Content, and to investigate any violation of this policy and these terms of service. We may disable, suspend, or terminate access to any user, Messages Content, or resource that violates these Terms or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy or other applicable law or regulation.
You are the issuer and administrator of Zinga gift cards you offer your customers, and are responsible for complying with gift card laws.
If you have multiple business locations, gift cards are only redeemable at the same store they were issued, unless you manage multiple business locations through a single Zinga account.
If you purchase and offer gift cards, including e-gift cards, to your Buyers through Zinga, you (and not Zinga) are the issuer and administrator of your gift cards. If you have multiple business locations and do not manage your locations through a single Zinga account, you must separately order gift cards for each business location where you wish to issue and redeem gift cards and print that business location on your gift cards. If you offer e-gift cards, your e-gift cards will be available for purchase in public directories, including giveandgetlocal.com and on the websites of Zinga partners, unless you turn off this functionality in your Gift Card Settings tab.
Gift cards sold by you are “closed loop” gift cards that are only redeemable from you for your goods and services. You agree to pay our Fees on each issue of a gift card as well as all order, printing, shipping, and load fees for each order of gift cards. Our load fees are charged as a fixed percent of the total value loaded onto a gift card and are charged at the time of initial load and subsequent reloads in order for us to maintain the technological infrastructure to support your gift card program, including providing channels for you to sell online, including in bulk and as a group gift, load and clear balances, store gift cards as an on file payment method, view gift card analytics, and allow your customers to check their load balances. Your per-transaction gift card load fees are visible in the Dashboard. Zinga does not assess a fee on the redemption of a gift card to purchase goods or services from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not issue a gift card with a value in excess of $2,000 or add value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceed $2,000. Further, you may not issue more than $10,000 in gift cards to any single person in any one day. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your Zinga Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.
You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for Buyers and holders of gift cards.
Our eCommerce services enable you to sell online and collect payments from your customers.
You’re responsible for all of the work that comes with running your eCommerce business such as paying taxes, fulfilling, delivering, and refunding orders, managing product claims and warranties, customer service, posting site terms and policies, and legal compliance.
A. eCommerce Activities. The Services include Online Store and other eCommerce features that enable you to sell goods and services through websites hosted and/or designed by Zinga (such goods and services, “Commercial Products”), and otherwise enables you to collect payments from your customers and end users (such activities, collectively, “Your eCommerce Activities”). You agree that we are not liable or responsible for any of Your eCommerce Activities, or any compliance with any laws or regulations related to it, which includes the following:
You agree to the terms and policies of the payment processor that you use.
C. Third Party Payment Processors. In addition to the use of Zinga as the payment processor, the Services may use third party payment processors to assist us in securely processing your eCommerce payments in connection with Your eCommerce Activity. Your relationship with a third party payment processor is governed by the third party payment processor’s terms and policies. We do not control and are not liable for any third party payment processor or for any transaction you may enter into with or through any third party payment processors. All third party payment processors constitute “Third Party Services” as defined in Section 25 of the General Terms.
You’re responsible for all of the content you make available to your site, but we own and can use non-personally identifiable transactional or behavioral data to improve our services. We have the right to preserve or disclose your content if it’s required by law.
In addition to the provisions governing your “Content” in Section 6 of the General Terms you agree to the following:
A. Content Ownership. You are responsible for all Content that you upload, post, transmit or otherwise make available through the Services. Your Content does not include non-personally identifiable e-Commerce transaction or behavioral data derived from your use of our Services (collectively, “Platform Data”). Zinga owns all Platform Data and uses it to operate and improve the Services. Regarding your Content, you are solely responsible for backing up your Content. We may also preserve your Content and disclose it to the applicable governmental authority if required by law.
We want our services used in legal, safe, and productive ways, so we have restrictions you need to follow. For example, don’t upload harmful, offensive, obscene, or abusive content, or try to scam others. We’ll suspend or deactivate your account if you do.
We provide stock photos for you to use as part of your site, but you’ll need to follow a few rules.
You agree to pay us the fees you owe us, and you are responsible for all taxes.
Payment of Fees and Fee Taxes. All Fees are in USD and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Fee Taxes”). It is your responsibility to determine what, if any, Fee Taxes apply to the payments you make, and it is solely your responsibility to assess, collect, report and remit the correct Fee Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you provide your consent to us, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for the Services you may purchase, and (b) any applicable Fee Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees and associated Fee Taxes.
Your subscription will automatically renew at the end of your term, until you cancel. You can always turn off the auto-renew feature by contacting our help center.
A. Subscription Auto-Renewals. AT THE END OF YOUR SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUBSCRIPTION TERM OF THE SAME LENGTH UNTIL YOU ACTIVELY CANCEL THE SUBSCRIPTION, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT SUBSCRIPTION AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH HTTP://HC.WEEBLY.COM OR BY CALLING OUR HELP CENTER AT ANY TIME.
If you decide to cancel your account, the cancellation will be immediate and you won’t have access to your account or site(s). We may delete some or all of your content, with or without notice, and we won’t be responsible for your loss of any content.
We can modify or discontinue our services, or your access to our services, at any time in our discretion.
B. Online Store Cancellation. If you cancel your Services, your cancellation will take effect immediately unless otherwise required by applicable law. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or Content. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend, disable, or discontinue the Service, partially or entirely, in our sole discretion. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).
You have the ability to create a customized theme using our services. If you choose to do so, you give us exclusive rights to use that theme with our services.
If you choose, you may contribute customized website themes (“Custom Themes”) to the Service for use by other sellers. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.
Some of our plans include a domain name registration. We don’t run the domain name registration services and only act as an agent between you and the domain name registrar.
A. Domain Name Services. Some of the paid subscription plans offered by us include domain services. When you choose to register or renew an existing domain name through the domain services, we will only act as the agent between you and the registrar. The domain services are considered Third Party Services, and your use of the domain services are subject to the registrar’s terms and conditions. The current registrar for the domain services is Register.com, and when you use the domain services you will be subject to the Register.com terms and conditions located here. We reserve the right to use another registrar at any time.
We may offer a free 1-year domain with a purchase of some of our premium plans. The domain is yours to keep as long as you renew the registration and pay the relevant fees.
B. Free Domain. Zinga may provide one (1) free domain name for up to one year, with a new purchase of a one year or two year paid subscription plan (“Free Domain Name”). The Free Domain Name will be included for the lifetime of your Zinga account, and the Free Domain Name will be registered in your name and is yours to keep, as long as you cover any applicable domain name registration and renewal fees following the first year. The Free Domain Name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new paid subscription plan.
Provide accurate information when you register your domain name. Don’t violate the intellectual property rights of others when choosing your domain name.
C. Domain Name Registration and Activation. For any domain name registrations, you are responsible for providing complete and accurate information regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. We may defer activation of a domain name until payment of the agreed Fees for the registration services has been received. We are in no position to influence the allocation of the domain name by the Registrar.
Your domain registration will auto-renew for another year when it expires, and you’ll be charged 45 days before the term ends. You can always choose not to renew by turning off the option in your settings. Make sure to keep your registration information up to date.
D. Domain Name Registration Fees. The initial registration term for purchased domains may vary; however, the initial registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal of your domain name forty-five (45) calendar days before your registration term expires (even if that date differs from your website subscription renewal date). You can opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. If you purchase a new domain, or renew an existing domain, and cancel your domain name purchase within the first thirty (30) days by contacting http://hc.weebly.com, you may receive a full refund. Your right and title to your domain name allows you to transfer a purchased domain to another domain name service provider; however, you will not be eligible for a refund of registration fees paid to Zinga for transferred domains.
You must maintain accurate and current billing information to use the domain services. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.
You can request to transfer your domain registered through us to another service provider. If your domain expires, we can’t always recover it. If you don’t pay for your domain and it expires, we have the right to register it for our own purposes or resell it. We have the right to charge your payment card on file for the amounts you owe us.
E. Domain Name Transfers, Renewal and Recovery. Subject to these Terms and those of the registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by Zinga. If we are unable to transfer your domain name to your new domain name service provider due to an error, failure, or omissions on the part of you, the account holder, or the new domain name service provider, we are entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain name transfers only if you have settled all undisputed pending claims with us.
It may not always be possible to recover a domain name after it has expired, and we have sole discretion in determining when a domain name can be renewed post-expiry and what fees we can charge you. If you forfeit a domain name for non-payment, we will have the right, in our sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name, and allow any new registrant anywhere in the world to register the domain name. You also agree that we may charge the credit card you have on file with us to recover any amounts outstanding on your account.
If we are sued because of a dispute over one of your domain names, you are responsible and agree to cover our costs and legal fees.
F. Domain Name Disputes. On certain occasions, domain name registrations may become the subject of a legal challenge. If we are made a party to any legal action related to one of your domain names, you agree to be responsible for all of our costs and legal fees and to indemnify and hold us harmless from any action. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion: (a) suspend, restrict or disable your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name registered by us on your behalf.
You are responsible for knowing and following the laws that apply to you and your marketing activities.
For the email marketing services provided directly to you by us as part of the Online Store Services (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. Zinga may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms.
A. Email Marketing Service Responsibilities. Your use of the Email Marketing Service must comply with all applicable domestic and international laws and regulations. This includes the laws applicable to you and also laws applicable to Zinga and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, consumer protection and other applicable laws. It is your responsibility to know, understand, and comply with the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records.
Follow our email marketing guidelines and don’t engage in deceptive, harmful or spamming marketing practices.
B. Email Marketing Guidelines. Your use of the Email Marketing Service must follow all applicable guidelines and restrictions established by Zinga, which are presented as follows (“Email Marketing Guidelines”):
YOU WILL NOT:
Don’t use our email marketing service for the activities listed below.
Some industries yield higher than normal abuse rates for Spam. Thus, you may not use the Email Marketing Service, if you intend to use such service for the following:
It is your responsibility to ensure that the Content you put in your emails does not violate these Email Marketing Guidelines. Although Zinga has no obligation to do so, we may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Email Marketing Service that may be in violation of the foregoing or of these Terms (including SendGrid Terms, as defined below). You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your emails and Content also has the right to reformat, edit, monitor, reject, block or remove any of your emails and Content and suspend or terminate the Email Marketing Service, in whole or in part, permanently or temporarily. In no case will the foregoing make us responsible or liable to you for compliance with any such laws or obligations, for which you remain solely responsible and liable.
If you know of or suspect any violations of these Terms, please notify us here.
We use a third party service, SendGrid, to power our email marketing service. By using the service, you agree to their terms. You’re solely responsible for the customer information you make available to SendGrid.
C. Use of Sendgrid. In order to provide the Email Marketing Service, we currently use SendGrid’s API as a Third Party Service. Your use of the Email Marketing Service is governed by SendGrid’s terms and policies, including, without limitation, SendGrid’s Terms of Use and SendGrid’s Privacy Policy (“SendGrid Terms”). SendGrid Terms are in addition to these Terms, and you will comply with both as applicable to the Email Marketing Service.
You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all customer information (such as contact lists) (“Customer Information”) . You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights in the material in your emails and the Customer Information required for us to use the Customer Information as contemplated by these Terms.
When using the Email Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has granted to us (or sub-licensed to us through you) a non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.
To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Email Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information.
We’re not responsible for the information you or your employees or independent contractors provide through our services or for your compliance with laws and reporting requirements. We don’t have a customer, employment, or third-party beneficiary relationship with your employees or independent contractors when they use our services.
You, and not Zinga, shall be responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, timecard or any other information you, your employees or independent contractors provide or directly input via the Services or any other method. We are entitled to rely upon, and are not obligated to independently verify, any such information. Zinga shall not be responsible for maintaining employment records of your employees, including timecards, schedules, and benefits information, as may be required by law. Employee and independent contractor access to such Services does not create any customer, employment or third-party beneficiary relationship between us and your employees or your independent contractors.
Zinga will not be liable for any penalty, interest, damages, or other liability that results from your failure to comply with all federal, state, and local laws as may relate to you and your employees or independent contractors, or from information you or your employees supply, including any information made available to employees through the Services, including Zinga Team App. You are ultimately responsible for your compliance with all federal, state, and local laws, or applicable collective bargaining agreements, and any citations, fines, penalties or costs associated with noncompliance or with inaccuracies in providing that data to your employees and independent contractors. You acknowledge and agree that Zinga Staff may not include all features and functionality necessary to run your business, to meet all federal, state, and local reporting obligations applicable to your business, and for you to comply with all applicable laws, including but not limited to laws related to overtime and premium pay requirements, time-keeping requirements, tip distribution requirements, pay period and payment of wages laws, notice and record-keeping requirements, laws about team member document storage and employment files, employee new hire and onboarding requirements, scheduling laws, and employee privacy. You are responsible for determining whether Zinga Staff meets your reporting needs and using Zinga Staff in a manner that meets all applicable legal requirements. We are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services.
If you use the Commissions tool, you agree that it is a guide and does not guarantee any payment or a portion of any payment to any individual. The commission amounts shown in this feature are estimated commission amounts based solely on the commission rate attributed to employees for their sales and do not include deductions, withholdings or taxes which may be applicable to the payment of commission earnings. Actual commission earnings may vary from the estimated commission amounts shown in this feature. Consult your own commission plan and contact your payroll provider for final commission earnings calculations.
Any estimated tip distribution calculations provided through the Services are provided exclusive of taxes and social security charges. This feature may not be compatible with tip distribution, pay period, and payment of wages requirements in your jurisdiction. Before implementing this feature, be sure to check your state and local laws regarding tip distribution to ensure you are fully compliant with all applicable laws, including all notice and recordkeeping requirements. Zinga is not liable for any decision made by you to use this feature in a manner that is not compliant with state and local laws.
If you enable the employee mobile clock-in functionality, you agree that you are responsible for ensuring that your use complies with all applicable privacy laws and regulations and that you comply with all your privacy obligations, including maintaining an employee-facing privacy policy and conducting a Data Protection Impact Assessment, if applicable.
While Zinga provides tooling to enable you to delete your team member’s data from your account, this functionality may not fully comply with the requirements of applicable privacy laws. To permanently delete your team member’s information, you must contact [email protected]. Once permanently deleted, your team member’s information will not be retrievable. You are solely responsible for retaining any and all data that you are required to retain under applicable employment law or any other applicable law.
We provide the services on your behalf. You agree to obtain necessary consent from your employees and independent contractors for Zinga to provide the Zinga Staff Services and to process personal information.
You understand and agree that we make the Zinga Staff Services available to your employees or independent contractors on your behalf as a convenience. You agree to obtain any necessary consent from your employees and independent contractors for Zinga to provide the Zinga Staff Services and to process personal information. You acknowledge and agree that Zinga may transfer personal information over international borders as necessary for processing in accordance with Zinga’s standard business practices, and consistent with Zinga’s Privacy Notice for Sellers’ Employees.
We want to promote a respectful community for sellers, so follow our community guidelines. We have broad rights to remove posts or restrict access when we feel appropriate. We have broad rights to use your posts in the Seller Online Community, such as for analytics or marketing purposes.
Zinga provides an Online Community help forum for Sellers to share information and best practices relating to their use of Zinga Services. All Seller questions, answers, opinions, or information, whether text, image, or video, contributed to the Online Community constitute “Content” and are governed by Section 6 of the General Terms, including that you grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services and Zinga’s business. By participating in the Online Community you acknowledge that you are participating in a public forum and have no expectation of privacy in your Content, which will be available to the public. Only Sellers may contribute to the Online Community. Zinga does not endorse and is not responsible for the accuracy, usefulness or applicability of Content posted in the Online Community. You may encounter content that is inaccurate, inapplicable, or offensive. If the possibility of encountering such content will be offensive or harmful to you, you should not participate in the Online Community.
If you provide suggestions, comments, proposals, feature requests, or other feedback with respect to our current or future products or Services, you agree that such content is not confidential or proprietary and shall not create any confidentiality obligations on us, you acknowledge that we may independently have similar ideas under consideration or development, and you are not entitled to compensation, payment or reimbursement of any kind for such content from us under any circumstances unless you are otherwise notified in writing by us.
Zinga may remove posts that are offensive, that violate the Community Guidelines, or for any other reason we deem appropriate. Zinga may also limit or terminate your use of Online Community or our Services if, in our sole judgment, you abuse or inappropriately use the Online Community. Examples of the types of violations that may result in immediate post removal, suspension, or termination from the Online Community or our Services include:
We have no obligation to monitor the Online Community but may do so at our sole discretion and as we deem appropriate. Please report inappropriate or offensive content, policy violations or other problems to [email protected] or flag it within the community.
Don’t use Progress Invoices to collect installment payments on a single good or service. Don’t use House Accounts to create or service loans.
Zinga Invoices allows you to create and send invoices to Buyers. Progress Invoices allow you to use a single invoice for a larger project that requires several distinct payments. You may use Progress Invoices to charge Buyers for separate goods and/or services related to a larger project. You may not use Progress Invoices to collect installment payments on a single good or service. House accounts allows you to checkout an order to a customer’s house account and collect payment by invoice. You may not use House Accounts to extend loans, impose finance charges, or accept repayment in installments.
Some terms of our agreement will still apply even after our relationship ends.
Sections 2 (Gift Cards) and 5 (Online Community) will survive termination of these Additional Point of Sale Terms, in addition to those that survive under Section 12 of the General Terms.
