Terms of Use Effective Date: January 1, 2021
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Zillion Digits LLC (“Zillion Digits”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE Zillion Digits Software AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING www.zilliondigits.com) OR APPLICATIONS OFFERED FROM TIME TO TIME BY Zillion Digits IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Acceptance of Terms
The Service is offered subject to acceptance without modification of all of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Zillion Digits. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Zillion Digits from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Zillion Digits may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Use
Zillion Digits reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Zillion Digits websites or Service or by sending you an email. Zillion Digits may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Other Policies
For information regarding Zillion Digits’s treatment of personally identifiable information, please review Zillion Digits’s current Privacy Policies at https://zilliondigits.com/privacy/.
Zillion Digits Software License
Subject to the terms hereof, Zillion Digits grants you a personal, non-exclusive license to install and use the executable code version of the Zillion Digits software. Zillion Digits and its licensors shall retain all intellectual property rights in the Zillion Digits software (and Services), except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, or logo (collectively, “Marks”), copyright or other proprietary notice on the Zillion Digits software. This license does not grant you any right to use Marks of Zillion Digits or its licensors. If you breach this Agreement, the above license and your right to use the Zillion Digits software will terminate immediately and without notice. Upon termination, you must destroy all copies of the Zillion Digits software.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including contributing any Content) that: would constitute a violation of any applicable law, rule or regulation; infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Zillion Digits’s (or its third party providers’) infrastructure; or (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Zillion Digits may use to prevent or restrict access to the Service (or parts thereof).
Trademarks & Patents
All Zillion Digits logos, marks and designations are trademarks or registered trademarks of Zillion Digits. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Zillion Digits or their respective owners. Portions, features and/or functionality of Zillion Digits’s products may be protected under Zillion Digits patent applications or patents.
Termination
Zillion Digits may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE Zillion Digits software AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Idemnification
You shall defend, indemnify, and hold harmless Zillion Digits, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. Zillion Digits reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Zillion Digits in connection therewith.
Limitation of Liability
IN NO EVENT SHALL Zillion Digits OR ITS MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous
The Terms of Use are the entire agreement between you and Zillion Digits with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Zillion Digits with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zillion Digits shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Zillion Digits’s reasonable control. The Terms of Use are personal to you, and are not assignable or transferable by you except with Zillion Digits’s prior written consent. Zillion Digits may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Zillion Digits Web Listener Subscription
Zillion Digits’s Web Listener is a paid service and at your sole discretion, you can pay to subscribe. You can purchase a Monthly or Yearly plan in the app.
Zillion Digits Subscription Payment
Payment for your subscription plan is due and collected by Apple. Your subscription payment will be subject to Apple’s applicable payment policy, which may not provide for refunds. We strongly recommend you read Apple terms and conditions before subscribing to one of our plans. Please note that these terms and conditions are subject to amendments by Apple. Zillion Digits is not responsible for any payment error or fraud on your Apple account. Also, any fee payment will be deemed final, and we will not provide you any refund. Apple may collect personal data and payment card data when you make purchases. They do not give this data to Zillion Digits. Zillion Digits does not collect or process credit or debit card data.