Terms of Use

Introduction

ZING, Inc. ("ZING", "we", "our", or "us" in these terms) maintains a platform that enables the interconnection and communication of devices and data services (the "ZING Platform"). Our goal is to empower you – our developers – to build new and innovative user experiences that leverage and enhance ZING products.

These Developer Terms of Service (these "Terms") include quality and functional rules, and other legal terms, that we require all developers to accept and implement as a condition of accessing and using our application programming interfaces ("API" or the "ZING API") and any documentation, materials, code, data, and other materials made available to you by ZING (collectively with the ZING API, the "ZING Developer Materials") to develop a client for use in connection with the ZING Platform ("Client"). These Terms help us ensure that our consumer data and experience is protected. They also help us maintain the quality and reliability of ZING products and services as well as the overall ecosystem. If you use the ZING API as an interface to, or in conjunction with, other ZING products and services, then the terms of those products and services also apply to you and your end users.

ZING is currently in BETA. During this period, you may authorize up to 1 unique "Site" per account and up to 5 unique "Tracked Devices" per site. Additional devices maybe permitted with prior approval from ZING, contact us at info@zing.fm for details.

Have fun! We’re looking forward to seeing what you build!

I. Account and Registration

Creating an Account

You need to use a current ZING account or create a new ZING account in order to use the ZING API and other ZING Developer Materials. ZING may withhold approval of your account for any reason. It's your responsibility to keep your password, account credentials, and accounts secure. You should notify ZING immediately if any unauthorized use, or suspected unauthorized use, of your ZING account occurs or if any other breach of security occurs. ZING is not liable for any loss or damage arising from your failure to comply with these requirements.

Registration

You will be required to provide certain information as part of the registration process to access the ZING API or as part of your continued use of the ZING API. You agree you will update your registration information so that it is always accurate.

Accepting these Terms

You may use the ZING API and other ZING Developer Materials only if you can form a binding contract with ZING, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You represent that you are 18 years of age or over, have the authority and capacity to accept these Terms, and agree to be bound by these Terms. If you open a ZING account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Subsidiaries and Affiliates. You agree that ZING subsidiaries and affiliates may provide the ZING Developer Materials to you on behalf of ZING and these Terms will govern your relationship with these companies. A company is an "affiliate" of another company if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the other company.

II. Use of ZING Developer Materials

Right to Access and Use of ZING Developer Materials

Subject to these Terms, ZING grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the ZING Developer Materials, solely to the extent necessary for you to create a Client that operates with the ZING Platform and not products, components, or services that are competitive with the ZING Platform.

Permitted Access

You may access and use the ZING API and other ZING Developer Materials only as expressly permitted by the means described in the documentation or instructions ZING provides. You will not misrepresent or mask either your identity or your Client’s identity when using the ZING API.

API Calls

ZING may set limits on the number of API calls that you can make in the interest of service stability and creating the best experience for users. If you exceed these limits, ZING may throttle your activity or cease offering you access to the ZING API altogether in ZING’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

Open Source Software

Some of the software required by or included with the ZING API may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with ZING for the applicable open source software.

Monitoring

ZING may monitor the use of the ZING Developer Materials to ensure quality, improve ZING products and services, or verify your compliance with these Terms. You will not interfere with such monitoring. Compliance with Law. You will use the ZING API and other ZING Developer Materials only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the ZING API or other ZING Developer Materials to encourage or promote illegal activity. You also will require end users to comply with applicable laws and these Terms. You will not knowingly enable end users to violate applicable laws or these Terms.

III. Prohibitions

Unless otherwise approved in writing by ZING, you will not use the ZING API and other ZING Developer Materials to:

In addition, you will not (i) interfere with or disrupt the ZING API or the servers or networks providing the ZING API; (ii) tamper with the security of any of the hardware, software or networks used by ZING to make the ZING Developer Materials available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by ZING; or (iv) permit others to do any of the foregoing.

Implement functionality that interferes with the core functionality of ZING products or services.
Collect, aggregate, re-syndicate, retain, log or store Customer Data (as defined below) received via the ZING API beyond 30 trailing days from the date when the data is received.
Share Customer Data (as defined below) received via the ZING API with third parties.
Aggregate control of ZING products, services, or Customer Data across multiple sites except to the extent ZING permits control of multiple sites in a single ZING account.
Offer or advertise a Client that provides emergency response, notification services, life-safety, or other critical use services that require notifications to be provided without interruption.
Create a Client or otherwise use Customer Data to evaluate end users or their property individually or in aggregate for insurance or other financial products and services.
Breach the terms and conditions governing the use of any ZING product or service.
Harm, defame, abuse, harass, stalk, threaten, endanger the safety, or violate the legal rights (such as rights of privacy and publicity) of any person or encourage any third party to do the same.
Upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content.
Create a Client that functions substantially the same as the ZING API or other ZING Developer Materials and offer it for use by third parties.
Perform an action with the intent of introducing to ZING products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
Access or control any customer accounts or any devices linked to any customer accounts in a manner that could cause any harm, damage, or loss.
Use the ZING API to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

IV. Clients

Information

You agree you will provide accurate and up-to-date customer-facing information and justifications on your Client.

Approval

ZING reserves the right to review for approval any ZING accounts or Clients. As part of the approval process, ZING may require you to submit certain technical information as well as proposed marketing assets, and ZING may require you to provide products or other hardware needed to test the Client.

Investigation and Suspension/Termination

ZING reserves the right to investigate any Client for compliance with these Terms. Such investigations may include ZING accessing and using your Client, for example to identify stability or security issues that could affect ZING or its customers. You consent to any such investigation. ZING may immediately suspend or terminate access to the ZING API or other ZING Developer Materials by you or your Client without notice if we determine, in our sole discretion, that you are causing stability or security issues or are otherwise in violation of these Terms.

V. Security and Privacy

Security

You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Client, including without limitation any personally identifiable information (PII), from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify ZING promptly of such a breach or exposure and provide all available information, including root cause analysis, remediation steps and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by you and ZING resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any ZING Developer Materials or any authorized or unauthorized use of your Client.

Privacy and PII (Personally Identifiable Information)

"Customer Data" means any and all technical information, PII, device usage information, or other information derived from access to or use of any of the ZING API and other ZING Developer Materials, including but not limited to data acquired from or through the ZING API that relates to any end users of any ZING products and services or pertains to use of any ZING products and services by such end users. You agree that you are solely responsible for obtaining all required consents from end users in connection with any use of your Clients and the ZING Developer Materials (including the ZING API), which consents will be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end users of your Client, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Client will comply with all privacy laws and regulations (including those applying to PII) in connection with your access and use of the ZING Developer Materials and ZING Platform. You will provide and adhere to a privacy policy for your Client that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all end users of your Client, and (iii) clearly and accurately describes to end users of your Client what data and user information you collect (such as PII, login information, etc.) and how you use and share such information (including for advertising) with ZING and third parties. If a user requests of you or ZING to have any Customer Data removed or deleted, or performs an action on a ZING product or service the reflects this intent, you agree to promptly honor the user’s or ZING’s request and to remove or delete such Customer data from your servers and other assets, including back-ups, to the extent reasonably possible, or to anonymize the Customer Data so it cannot be tied back to a user’s identity.

Data Use

You will not permit use of any Customer Data or disclose any Customer Data to any third party except to those third party service providers that provide administrative services on your behalf in connection with your Client and that are obligated to maintain and use Customer Data only for your own benefit and under reasonable confidentiality terms. Your Client may use Customer Data only as required for use and access to your Client by the end user to whom such Customer Data relates. You will not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you will not use any part of the Customer Data to create a database separate from your Client or transmit all or part of the Customer Data to any third party for any use separate from your Client. Any use of Customer Data other than as expressly permitted by these Terms is strictly prohibited.

VI. Ownership and License

Your Clients

ZING does not acquire ownership in your Client by your use of the ZING API or other ZING Developer Materials. You represent and warrant that you have the necessary rights to provide all content you use in connection with the ZING API or your Client and to grant all necessary licenses.

ZING Developer Materials and Customer Data

By using the ZING API and ZING Developer Materials, you do not acquire ownership of any rights in the ZING API, other ZING Developer Materials, the ZING Platform, or any data, content or information that is transmitted or accessed through the ZING API, including without limitation, any Customer Data.

The ZING Developer Materials and ZING Platform are protected by United States intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on the ZING Developer Materials. You will not reverse engineer or attempt to extract the source code from the ZING API, other ZING Developer Materials, or any related software, except to the extent that this restriction is expressly prohibited by applicable law and then in such case, the information derived will be maintained in strict confidence. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the ZING API or other ZING Developer Materials to any third party except as specifically permitted by these Terms. ZING Developer Materials are licensed and not sold. ZING reserves all rights not expressly granted in these Terms.

If we receive any feedback, suggestions, ideas, reports, or other information relating to any ZING Developer Materials or any ZING products or services, ZING and its subsidiaries and affiliates may use such information without obligation to you. By using the ZING API, you agree that ZING and its subsidiaries and affiliates can use submitted information in accordance with ZING’s privacy policies.

Updates to the ZING API

We reserve the right to modify or update the ZING Developer Materials and ZING Platform at any time, for any reason, and without notice to you, though we will try to provide as much prior notice as possible. If ZING makes updates, revisions, breaking changes or in any way modifies the ZING API or other ZING Developer Materials, you agree to make changes to your Client to ensure continued service for your end users. We may add or remove functionalities or features at our discretion, and we do not guarantee that your Client will function with any future or modified versions of any ZING Developer Materials or the ZING Platform. Clients that are not updated in response to changes in the ZING API must be taken down immediately and you agree to provide notice to end users of the takedown.

Content Upload

The ZING API may allow the upload of content. You give ZING a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the ZING API through your Client. "Use" means use, host, store, modify, communicate, and publish. This license enables ZING to provide, secure, promote, and improve the ZING API and ZING products and services in accordance with ZING privacy policies. Before you submit content to the ZING API through your Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us this license.

VII. Branding and Attribution

ZING Brand

Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, "Branding"). Any use by you of ZING's Branding (including any goodwill associated therewith) will inure to the benefit of ZING.

Attribution and Promotion

You agree to display any attribution(s) required by ZING upon reasonable notice from ZING. ZING hereby grants to you a limited, revocable, nontransferable, nonsublicenseable, nonexclusive license during the term to display ZING's Branding for the purpose of promoting or advertising the ZING API and other ZING Developer Materials, provided ZING must provide prior written approval of any promotions, reports or marketing of ZING Branding, the ZING API or other ZING Developer Materials. You understand and agree that ZING has the sole discretion to determine whether your attribution(s) and your use of ZING's Branding is in accordance with ZING’s requirements and guidelines.

Publicity

You will not make any statement regarding your use of the ZING API that suggests partnership with, sponsorship by or endorsement by ZING without ZING's prior written approval.

Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the ZING API, ZING Developer Materials, ZING Platform and ZING products, ZING may produce, distribute and use depictions, screenshots, video, or other content from your Client, and may use your company or product name and logos. You hereby grant ZING all necessary rights for these purposes.

VIII. Termination

Termination

You may stop using the ZING API at any time with or without notice. Further, if you want to terminate these Terms, you must provide ZING with 30 days prior written notice and, subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon the expiration of such 30-day period, these Terms will terminate.

Without limiting any other right or remedy of ZING hereunder, ZING will have the right to immediately terminate these Terms and/or suspend or terminate access to the ZING API or other ZING Developer Materials by you or your Client without liability or other obligation to you and without notice.

Your Obligations Post-Termination.

Upon any termination or expiration of these Terms or discontinuation of your access to the ZING API, you must immediately cease all use of any ZING Developer Materials and ZING Branding and delete all copies thereof. You also immediately will stop collecting any information from users and will delete all information (including Customer Data) obtained via the ZING API or other ZING Developer Materials. Upon ZING’s request, you will provide ZING with written confirmation that all Customer Data has been deleted and communicate to end users that your Client is no longer available.

Surviving Provisions. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections III, V, VI, VIII, IX, X, and XI.

IV. Liability

WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ZING APIS AND OTHER ZING DEVELOPER MATERIALS IS AT YOUR SOLE RISK AND THAT THE ZING API AND OTHER ZING DEVELOPER MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NONE OF ZING OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE ZING API OR OTHER ZING DEVELOPER MATERIALS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE ZING DEVELOPER MATERIALS OR THE CONTENT ACCESSED THROUGH THE ZING APIS, THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZING AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

You acknowledge that the ZING API and other ZING Developer Materials may allow you to control ZING devices and software or gain access to certain information, which may impact the safety of ZING customers and end users of ZING’s products and services. Depending on how you use the ZING API and other ZING Developer Materials, you could harm persons or damage or destroy ZING devices or the homes and personal property of end users. In using the ZING API and other ZING Developer Materials, you must take steps to design and test your Clients to ensure that your Clients do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to any Customer Data or ZING product and service. You must design your Client so that any failure of any security measure included in your Client, the ZING Platform, and/or any ZING product or service does not cause personal injury, death, property damage, or other losses. If you choose to use the ZING API and other ZING Developer Materials, you assume all risk that your use of the ZING API and other ZING Developer Materials causes any damage, harm, injury, or loss, including without limitation to the end users of your Client or other ZING customers or end users. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Client or your use of the ZING API and other ZING Developer Materials and you agree to hold ZING and its subsidiaries and affiliates harmless from all such damage, harm, injury, or loss.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZING, AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ZING, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE ZING API AND ZING DEVELOPER MATERIALS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $5.00, WHICHEVER IS GREATER.

Indemnification

You agree to hold harmless and indemnify ZING, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third-party claim arising from or in any way related to:

your breach of any of the provisions of these Terms;
any personal injury or property damage arising from or relating to your use of the ZING Developer Materials or any authorized or unauthorized use of your Client or service;
your collection or use of Customer Data;
any infringement, misappropriation or other violation of any intellectual property or proprietary right, right of privacy, right of publicity or other right by you, your Client or any use of your Client by you or any third party; or
any violation of any listing or certification requirements, law, rule, or regulation by your Client or any use of your Client by you or any third party,

including without limitation any liability, cost or expense arising from all claims, losses, damages (actual and consequential), suits, judgments handed down in any jurisdiction, litigation costs and attorneys' fees, of every kind and nature.

X. Other Legal Terms and Conditions

ZING DMCA Policy

We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, please contact us.

Independent Development

Provided there is no infringement of your intellectual property rights, these Terms do not impair the rights of ZING or its subsidiaries and affiliates to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.

Confidential Information

Our communications to you and the ZING Developer Materials may contain ZING confidential information. If you receive any materials or communications that are marked confidential or that would normally be considered confidential under the circumstances, then you will not disclose it to any third party without ZING's prior written consent. ZING confidential information does not include information that you already rightfully knew, that becomes public through no fault of your own, that you independently developed, or that was lawfully given to you by a third party. You may disclose ZING confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

Modification

We may modify these Terms from time to time, so please check back to see the latest applicable version on-line and in our developer portal. You agree that your continued use of the ZING Developer Materials constitutes acceptance of the modified terms.

General Legal Terms

These Terms control the relationship between ZING, and its subsidiaries and affiliates, and you. They do not create any third party beneficiary rights. No waiver of any term of these Terms constitutes a further or continuing waiver of such term or any other term, and ZING’s failure to assert any right or provision under these Terms do not constitute a waiver of such right or provision. You may not assign these Terms, in whole or in part, without our prior written consent. ZING may assign these Terms without restriction. Any assignment in violation of this section is null and void. These Terms, together with any amendments, side letters and any additional agreements you may enter into with ZING in connection with the ZING Developer Materials, constitute the entire agreement between you and ZING concerning the ZING Developer Materials. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The laws of California, U.S.A., excluding California's choice of law rules, will apply to any disputes arising out of or related to these terms or the services. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THE UNITED STATES OR YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL AND YOU RESIDE IN THE UNITED STATES OF AMERICA, YOU EXPRESSLY AGREE THAT ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN DIEGO COUNTY, CALIFORNIA, USA, AND YOU AND ZING CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are entering into these Terms on behalf of an entity whose principal place of business is located outside of the United States or you are entering into these Terms as an individual and you reside in any jurisdiction other than the United States of America, any dispute, controversy or claim arising out of or related to these Terms, or the interpretation, performance or enforcement of these Terms will be referred to and be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce (the "ICC Rules"), without recourse to the ordinary courts of law. The arbitral panel will determine the rights and obligations of the parties in accordance with the substantive laws of the State of California, USA without regard to any conflicts of law principles. Any procedural issues not resolved by these Terms or the ICC Rules will be governed by the laws of the United States. The seat, or legal place, of arbitration will be San Diego County, California (United States). The language to be used in the arbitral proceedings will be English. Judgment on an award may be entered by any court of competent jurisdiction. No arbitration proceeding will include class action arbitration. Notwithstanding anything to the contrary stated herein, nothing in these Terms restricts either party’s right to seek or obtain temporary or permanent injunctive relief in any court of competent jurisdiction.

DISCLAIMER

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MISCELLANEOUS

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