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Last Revised: 2020-12-11
The terms "we", "us" or "our" shall refer to Zyro. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Zyro may, at its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Zyro may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Zyro customer’s account ("Account") information current and up to date. Zyro assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address provided by you.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Republic of Lithuania or other applicable jurisdiction in which Services may be purchased. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Zyro discovers that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Zyro shall not be liable for any direct on indirect losses or damage resulting from Zyro’s reliance on any instruction, notice, document or communication reasonably believed by Zyro to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Zyro reserves the right (but undertakes no duty) to request additional authentication / confirmation from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your Account or the Services, whether or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Zyro that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. We may limit your access to our Services until we’re able to verify your account information (such as your e-mail address or payment information). If Zyro has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Zyro reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Zyro recommends that you change your password at least once every six (6) months for each Account. Do not share or misuse your Account access and login details. You must notify Zyro immediately of any breach of security or unauthorized use of your Account. Zyro will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Zyro or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
When you create a Zyro Account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing, promotions). If you are not interested, you can opt out of the marketing communications, whether it is an email, phone call, or text message.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you confirm that you are aware of and consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Zyro. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
From time to time, Zyro may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as "Trial Services". If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) Zyro reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) Zyro may limit availability of customer service support time dedicated to support of the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by Zyro; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Zyro ; (ix) The Trial Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, Zyro disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Zyro reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
6. LICENSE TO USE
Zyro owns and will continue to own our Services, including all related intellectual property rights. We may make templates, software components available, via Site or other channels, as part of the Services. We grant to User a non-sublicensable, non-transferable, non-exclusive, limited license ("theLicense") to use these templates components, but solely as necessary to use the Services and in accordance with the Agreement. All of our rights not expressly granted by this License are hereby retained. The License shall remain valid while the User uses the Services and has active subscription to Services. License shall be terminated when User stops use of Services and/or Zyro suspends or terminates provisions of Services or User Account. Zyro reserves the right to terminate the License without additional notice to the User if User breaches terms of this Agreement.
7. YOUR USE OF ZYRO CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Zyro Content and User Content posted to Zyro’s corporate websites (i.e., those sites which Zyro directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Zyro Content"), are owned by or licensed to Zyro in perpetuity, and are subject to copyright, trademark, and/or patent protection in Lithuania, European Union and foreign countries, and other intellectual property rights under Lithuanian, EU and foreign laws. Zyro Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Zyro. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Zyro reserves all rights not expressly granted in and to the Zyro Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Zyro that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute, or because you have the appropriate obtained distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Zyro Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Zyro Content or the User Content therein.
8. ZYRO USE OF USER CONTENT
The provisions in this Section apply specifically to Zyro’s use of User Content posted to Zyro corporate websites (i.e., those sites which Zyro directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it, including obligation to ensure that User Content does not infringe any applicable laws, third party intellectual property rights.
With Respect to User Submissions. You acknowledge and agree that:
Zyro shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site or otherwise submitted to Zyro and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site or otherwise submitted to Zyro for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions)
If you have a website or other content hosted by Zyro, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize Zyro to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Zyro a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Zyro’s (and Zyro’s affiliates’, including Hostinger Group companies) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. You understand and agree, however, that Zyro may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Zyro shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or Zyro’s (or Zyro’s affiliates’) business(es).
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Zyro generally does not pre-screen User Content (whether posted to a website hosted by Zyro or posted to this Site). However, Zyro reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Zyro may remove any item of User Content (whether posted to a website hosted by Zyro or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Zyro at its sole and absolute discretion), at any time and without prior notice. Zyro may also terminate a User’s access to this Site or the Services provided by Zyro if Zyro has reason to believe the User is a repeat offender. If Zyro terminates your access to this Site or the Services provided by Zyro, Zyro may, at its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
10. ADDITIONAL RESERVATION OF RIGHTS
Zyro expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Zyro at its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Zyro in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court or competent authority orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Zyro, its officers, directors, employees and agents, as well as Zyro’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Zyro.
Zyro expressly reserves the right to terminate, without notice to you, any and all Services where, determined at Zyro’s sole discretion, you are harassing or threatening Zyro and/or any of Zyro’s employees, agents, third party service providers.
11. NO SPAM
No Spam. We do not tolerate any transmissions of spam messages, e-mails or other notifications. We monitor all traffic to and from our web servers for indications of spamming. Users suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only comply with by all applicable laws and regulations, but you must also comply with the terms of this Agreement, including this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, user must provide conclusive proof of opt-in for an email address or fax number to which commercial advertising is being sent.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until the user responds. The registrant or user will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question and/or terminate or suspend the provision of Services or any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email due to material breach of this Agreement and the no spam policy.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email firstname.lastname@example.org .
12. TRADEMARK AND/OR COPYRIGHT CLAIMS
Zyro supports the protection of intellectual property. If you like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Trademark and/or Copyright Infringement Policy of Hostinger Group referenced above and available here .
13. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services provided by Zyro may contain links to third-party websites that are not owned or controlled by Zyro. Zyro assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Zyro does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Zyro from any and all liability arising from your use of any third-party website. Accordingly, Zyro encourages you to be aware when you leave this Site or the Services provided by Zyro and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ZYRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZYRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ZYRO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ZYRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by Zyro.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL ZYRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, TO THE MAXIMUM EXTENT ALLOWED FOR BY APPLICABLE LAW, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ZYRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred, except where such agreement is not permitted by applicable law. In the latter case, limitation periods provided for by applicable law apply.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Zyro’s total aggregate liability exceed $10,000.00 U.S. Dollars.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by Zyro.
You agree to protect, defend, indemnify and hold harmless Zyro and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Zyro directly or indirectly arising from (i) your use of and access to this Site or the Services provided by Zyro; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; and/or (iv) your violation of any applicable law. The indemnification obligations under this section shall not be capped or limited by any amount and shall survive any termination or expiration of this Agreement or your use of this Site or the Services provided by Zyro.
Notwithstanding anything contained in this Section, (i) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (ii) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (a) the third party asserting the claim is a state authority, (b) the settlement arguably involves the making of admissions by the indemnified parties, (c) the settlement does not include a full release of liability for the indemnified parties, or (d) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
17. DISCONTINUED SERVICES; END OF LIFE POLICY
Zyro reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Zyro makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Zyro, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Zyro will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Zyro in its sole and absolute discretion. Zyro may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Zyro will not be liable to you or any third party for any direct or indirect losses incurred by you or any third parties due to modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
18. FEES AND PAYMENTS
You acknowledge and agree that your Payment Method will be charged by Zyro Inc, UAB, legal entity code: 305222050, registered address Jonavos g. 60C, LT-44192 Kaunas, Lithuania and processed by payment processing service providers contracted by Zyro.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Zyro expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question are due for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following "Payment Methods": (i) by providing a valid credit/debit payment card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a "Payment Method".
For Services that offer "Express Checkout", clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method selected for your Account. Confirmation of that order will be sent to the designated contact email address of your Account. Your Payment Method used to pay for the Services must remain valid for as long as you have any active Services in your Account.
You acknowledge and agree that where refunds are issued to your Payment Method by Zyro, refund receipt issued by Zyro is only confirmation that Zyro has submitted your refund to the Payment Method charged at the time of the original sale, and that Zyro has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Zyro, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Zyro also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within Zyro’s discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal to the most recent service period, except for domain names which shall be renewed for the original service period. For example, for Services other than domains, if your last purchased service period was one year, upon expiry of that period the Services shall be automatically renewed for another year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Zyro will always automatically renew purchased Service(s) upon the expiry of last purchased service period and shall charge your selected primary Payment Method at current Zyro service rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to check the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you decide to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Zyro shall not be liable for any direct or indirect losses incurred by you or any third parties.
Additionally, Zyro may participate in "recurring billing programs" or "account updater services" supported by your credit card provider (and ultimately depending on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Zyro will automatically update your payment profile on your behalf. Zyro makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings and information, including but not limited to (i) selecting desired renewal options and (ii) ensuring your selected Payment Method(s) are up to date and valid. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of Services, and Zyro shall not be liable for any direct or indirect losses incurred by you or any third parties.
If for any reason Zyro is unable to charge your Payment Method for the full amount owed for the Services provided, or if Zyro receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Zyro may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of any domain names or Services registered or renewed on your behalf without any additional notice to you. Zyro also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks and actions Zyro may perform outside the normal scope of its Services, (ii) additional time and/or costs Zyro may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Zyro at its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) Uniform Domain-Name Dispute-Resolution actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Zyro staff or by outside firms retained by Zyro; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Zyro as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be charged to your selected Payment Method(s).
Zyro may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site ("Supported Currency" or "Supported Currencies"). If the selected currency is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Zyro makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
Hostinger Group Refund Policy: Products and Services available for refunds are described here ("Refund Policy"). For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase ("Refund Period"). For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested. In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Zyro website and is not subject to any promotion, discount, or other reduction in price.
In no event will you be eligible for more than one refund of the same product.
(B) PAY BY PAYPAL
By using Zyro’s pay by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account ("PayPal Funding Source").
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Zyro shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Zyro may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labelled "I agree" to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
(C) INTERNATIONAL PAYMENT OPTIONS
Zyro offers a variety of alternative international payment options through a variety of International Payment Providers ("IPP"). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Zyro. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively "Funding Sources". In addition, you agree to allow the selected IPP to debit, if applicable, an "Exchange Rate Conversion Fee", as well as any other fees or charges applicable to your agreement with the IPP (collectively, the "IPP Fees"), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Zyro .
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Zyro shall not be liable for any direct or indirect losses incurred by you or any third parties. You acknowledge that Zyro will not attempt to fulfill your order and provide the Services purchased by you until Zyro receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Zyro does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Zyro account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
If, at the time Zyro receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Zyro may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Zyro reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Zyro will be net of the IPP Fees unless otherwise specified.
(D) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorize Zyro to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Zyro may, at its own discretion, utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Zyro shall not be responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Zyro’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Zyro may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.
You can verify your available in-store credit balance at any time by logging into "Manage Your Account" or through the shopping cart on the Zyro website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that Zyro terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by Zyro and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Zyro shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
(E) Cryptocurrencies, tokens and digital assets
Unless stated otherwise, following words refer to blockchain-based software ledger data entries: "digital asset", "asset", "coin", "cryptocurrency", "ledger entry", "altcoin" and "token".
Zyro offers a variety of cryptocurrencies, tokens and digital assets payment options through a Cryptocurrency Payment Provider ("CPP"). In the event you select a CPP, you represent that you have already agreed to any and all of the CPP’s applicable customer service agreements in advance of completing your transaction at Zyro. If applicable, an "Exchange Rate Conversion Fee", as well as "Transaction Fee" and any other fees or charges applicable to your agreement with the CPP (collectively, the "CPP Fees") shall be deducted from your Funding Sources. You understand and agree that CPP Fees are subject to change at any time by the CPP without notice to you by Zyro.
You acknowledge and agree that (i) the CPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through. In such event, neither the CPP nor Zyro shall be liable to you or any third party regarding the same. You acknowledge that Zyro will not attempt to fulfill the Services purchased by you until Zyro receives confirmation of payment from the CPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the CPP confirms payment through its associated payment processor. If Zyro does not receive confirmation of payment from the CPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again.
19. DATA. PRIVACY. DATA SECURITY.
Data Protection and Security. You will not provide us any personal information with respect to Your clients, visitors, end-users (Users of Users). However, you acknowledge that Zyro may in certain limited cases have access to such information and communications systems for the purposes set forth in this Agreement. In cases of such limited access Zyro will not become controller of any such data. You, when controlling and operating your websites in relation to Services, shall be considered as the data controllers of such personal data of Users-of-Users for the purposes of General Data Protection Regulation (EU) 2016/679) (GDPR). You shall be responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by GDPR, which may be applicable to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or server content). You are and shall remain responsible for safety, legality, integrity and authorized usage of your Users-of-Users’ personal data, and for obtaining consents, permissions and providing fair processing notices required for processing of such information.
You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by General Data Protection Regulation (EU) 2016/679) (GDPR), which may be applicable to any personal information, data or content collect through, stored or otherwise processed in relation to Services on your website or server content.
You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to Zyro.
You will not provide us any personal information with respect to Your clients, visitors, end-users. You acknowledge that Zyro may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement. However, in cases of such limited access Zyro will not become controller, processor, sub-processor or receiver of any such data.
Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which Zyro has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.
We do recommend that you publish and maintain clear and comprehensive privacy policies and related statements on your website, in accordance with requirements of GDPR, applicable laws and regulations, and that all Users-of-Users read and agree to those policies.
Data processing clauses. In case, disregarding our understanding that Zyro does not act as processor of any data or information hosted, stored or housed in the servers, User Content or in relation to Services, certain limited personal data processing activities are found to be carried out by Zyro in respect of the personal data of Users-of-Users, the following data processing clauses shall apply between Zyro and you: (1) Zyro shall process personal data only according to your documented written instructions or only as mandatorily required by law; (2) make best efforts to implement reasonably available technical and organisational measures in order to ensure that personal data processing carried out complies with the requirements of GDPR and personal data protection legislation as regards security of processed personal data; you understand that the fact that available technical and organisational measures will be implemented in itself does not guarantee full and complete security, safety and integrity of personal data; by accepting this Agreement, you shall also be deemed to accept the quality of Services, security level of platform and their suitability for your needs; (3) upon your request, Zyro will take reasonable measures to discontinue data processing after expiry of the Agreement and, if required by you and unless otherwise provided in applicable legislation, take reasonable measures to erase or in any other way make inaccessible and unusable or return to you all available personal data; (4) you shall undertake to ensure that personal data are collected and processed lawfully, are accurate, relevant and adequate, and that your instructions to Zyro are lawful, accurate, relevant, comply with the GDPR and personal data protection legislation; you shall notify data subjects of their data processing and transfer to Zyro in accordance with the requirements of GDPR and personal data protection legislation; (5) you grant Zyro a general authorisation to engage other processors, sub-processors and service providers in the processing of personal data controlled by the you; such authorization shall encompass our right to: (i) store and transfer personal data to recipients, organised both within and outside European Union and/or European Economic Area; (ii) sign data transfer and data processing agreements with recipients, organised both within and outside European Union and/or European Economic Area; (6) you shall be solely responsible for handling the data subject requests received from Users-of-Users or in relation to their personal data; if requested by you to remove any information pertaining to Users-of-Users’ personal data, we will respond to such request within thirty (30) days, unless more time is required for such request to be duly handled; (7) Zyro shall provide reasonable assistance where required to assist you with obligations arising out of Art. 32-36 of GDPR; however, such assistance is subject to separate agreement between Zyro and you as well as to additional costs. Cost of such assistance is not included in the price paid for Services; (8) you have the right to request Zyro to provide evidence that Zyro complies with the terms of these Data processing clauses (right to audit); you agree that provision of written certification that Zyro has implemented required technical and organisational security measures shall be deemed as satisfying your right to audit; (9) overall responsibility of Zyro hereunder shall be limited to the amount of remuneration for the last 6 (six) months paid to Zyro for the Services under the Agreement; (10) Zyro reserves the right to charge you for any additional actions, assistance or services which are not included in the scope of Services.
When providing hosting and other services, your personal data as well as personal data of your Users-of-Users might be transferred to data recipients established in third countries. Some of our servers are located outside EU or European Economic Area (EEA), therefore, depending on your choice or the services, your personal data as well as personal data of your users might be transferred to processors sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or EEA (such as US, Brazil, Singapore, Indonesia). We will ensure that the said personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts. For such transfers to be compatible with the requirements of GDPR, we have (i) concluded with the data processors and/or sub-processor relevant agreements on such data transfers outside EU or EEA, which comply with the European Commission approved standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA); for the said purposes and to the extent relevant we have deemed that the said agreements were concluded on your behalf and under your instructions, as the case may be, or (ii) the data is transferred on other legal grounds compatible with the requirements of GDPR (Art. 45-49).
We remind you that while Zyro puts reasonable effort to ensure that all data transfers ensure the security of data and comply with requirements of applicable data protection legislation, you agree to remain solely responsible for such data transfers against Users-of-Users.
In certain situations, Zyro may be asked to disclose personal data in response to lawful requests by public authorities, other competent authorities, including when it is required to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws.
When accepting the terms of the Agreement, you shall also be deemed to have read, understood and accepted the terms and conditions of the data processing clauses, which shall be applicable in relations between us and you in accordance with Articles 28, 29, 32 of GDPR.
20. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
21. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
22. COMPLIANCE WITH LOCAL LAWS
Zyro makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
23. GOVERNING LAW; JURISDICTION; VENUE
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here , this Agreement shall be governed by and construed in accordance with the law of the Republic of Lithuania. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of competent courts of the Republic of Lithuania.
24. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
This Agreement applies to any use of the Site or Services. Depending on the specific purchased Service, additional terms and conditions may apply, with which you will be familiarized and you will be required to agree when purchasing that particular Service.
26. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Zyro Inc., UAB
Jonavos g. 60C, LT-44192 Kaunas, Lithuania