The App is published and provided by Ziing. By tapping the “Install” or “Download” button within the Apple Store or Google Play, you consent to the installation of the App and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App. To request removal or disabling of the App or if you have a question regarding the operation or use of the App, please contact us.

You acknowledge and understand and agree that the App (including any updates or upgrades) may (i) cause your device to communicate automatically with Ziing’s service provider’s servers to deliver the App and Services and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect information as set out in the Privacy Notice.

You agree and understand that neither Apple nor Google have any responsibility for providing maintenance or support services for the App.

1. Licenses. Subject to the terms and conditions of these Terms of Use, Ziing hereby grants to Client a personal, fully revocable, non-transferable and non-exclusive license to access and order the Services through the Platform for business purposes only. No access to the Services through any means other than the Platform is granted hereunder. Ziing reserves the right to refuse access to the Services to anyone for any reason at any time in its sole discretion.
2. Ziing Content. Client may not, under any circumstances, access or otherwise use the Services separate or apart from Client’s own internal use of the Services. Unless expressly authorized under these Terms of Use, Client may not sublicense, transmit, publicly perform or display, distribute, customize, alter, adapt, modify, add to, delete from, create derivative works based upon any portion of the Services, copy, screen capture, counterfeit or paste to any other Platform content available through the Services (collectively, “Ziing Content”). Ziing Content available through the Services includes content owned by, licensed by or otherwise made available to Ziing. Ziing Content is protected by copyright, trademark, patent, trade secret and/or other intellectual property laws, and, as between Client and Ziing, Ziing owns and retains all rights in and to the Services and Ziing Content. Without Ziing’s prior written consent, Client may not, and may not permit others to:
   1. modify or create any derivative works of the Services, Ziing Content or its components;
   2. decompile, disassemble, reverse engineer, reduce the Platform or any Services to perceptible form, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Platform or the Services (except to the extent applicable laws specifically prohibit such restriction);
   3. sell, distribute or otherwise make available the Services or components thereof, or this license, in any way;
   4. repackage or bundle the Services with other software; or
   5. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Platform, the Services or Ziing Content.
   You acknowledge and agree that modification of the Ziing Content or use of the Ziing Content for any other purpose is a violation of Ziing’s, our licensors’ and suppliers’ and possibly other third parties’ copyright and proprietary rights. You agree to use the Platform and the Services only for purposes which are lawful in applicable federal, state, provincial, and local jurisdictions and all subdivisions thereof. Any other use or exploitation of the Services, including without limitation the Ziing Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Services in any way.
3. User Verification and Codes. You may be asked to input certain contact and other information in connection with your use of the Services which will enable Client to receive one or more verification codes necessary to access the Services (collectively, “Codes”). Client shall hold and secure any such Codes as strictly confidential. Third parties with knowledge of Codes can gain access to the Services and take other actions for which Client will be held accountable and liable. Ziing is entitled to, and will, assume that any person accessing the Platform and the Services using Client’s Codes is Client, and will hold Client liable and responsible for all actions and omissions occurring with respect to the identity associated with Client’s Codes. Ziing shall not be responsible whatsoever in the event that Client’s Codes are used by an unauthorized entity or misappropriated by a third party. You agree to notify Ziing immediately of any unauthorized access to or use of your Code or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, Ziing has the right to suspend or terminate any and all current or future use of the Platform, and/or the Services (or any portion thereof).
4. Account Set-Up and Security.
   1. Your provision of registration information and any submissions you make to the Platform through any functionality constitutes your consent to all actions we take with respect to such information consistent with our Privacy Notice.
   2. Client may be permitted to establish user accounts and, in connection with such accounts, Client may be asked to create a username and password (collectively, the “User Identity”). Any User Identity, or other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your Client Identity. You agree to notify Ziing immediately of any unauthorized access to or use of your User Identity or any other breach of security.
   3. Third parties with knowledge of Client’s User Identity can gain access to Client’s account information and take other actions for which Client will be held accountable and liable. Ziing is entitled to, and will, assume that any person using the Services under Client’s User Identity is Client and will hold Client liable and responsible for all actions and omissions made under Client’s User Identity. Ziing shall not be responsible whatsoever in the event that Client’s User Identity is used by an unauthorized entity or misappropriated by a third party and accepts no liability for any Client Identity misuse or unauthorized access. We reserve the right to refuse or reject any username for any reason, force forfeiture of any username and/or disable access to your account at any time for any reason. You acknowledge and agree that if Ziing disables access to your account, you may be prevented from accessing the Platform, your account details or any files or other content which is contained in your account.
   4. You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation:
   1. accessing content and data that is not intended for you;
   2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
   3. restricting, disrupting or disabling service to users, hosts, servers or networks;
   4. illicitly reproducing TCP/IP packet header;
   5. disrupting network services and otherwise disrupting our ability to monitor the Platform;
   6. using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of Ziing’s Content on the Platform;
   7. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
   8. attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
   9. otherwise attempting to interfere with the proper working of the Platform.
5. User Content; Data and Other Charges.
   1. By utilizing the Services, you are providing your express written consent to receive communications from Ziing at the email address and telephone numbers you provide. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including SMS and MMS). We may use an automatic telephone dialing system or which may employ an artificial or pre-recorded voice or “robotexts.” Your carrier’s standard rates and charges may apply. Agreeing to these communications is not a condition of purchasing any products or services from Ziing.
   2. Client agrees that Ziing is not responsible for, and does not endorse, any communication of material Client transmits via the Services including, but not limited to, by upload, posting, electronic mail, text or otherwise, including any image, video, multimedia, data or other information, questions, documents, reports, comments or suggestions (collectively, “User Content”). Client hereby grants to Ziing, and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, transferable, assignable, sublicensable and non-exclusive license to reproduce, modify, perform, display, distribute, and otherwise disclose to third parties and use any such User Content for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
   3. By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Content and comply with these Terms of Use. You represent and warrant that all User Content complies with applicable laws and regulations and the User Content and Platform content standards set out in these Terms of Use.
   4. None of the User Content you submit to the Platform will be subject to any confidentiality by Ziing except for communications to our email or via our chat function, as applicable, which shall not be made public without your express written consent.
   5. You understand and agree that you, not Ziing nor Ziing’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors (collectively, the “Ziing Parties”), are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform.
   6. Client specifically acknowledges and agrees that User Content does not create or imply any association, affiliation or endorsement by Ziing of or with any particular entity or organization or its content. You acknowledge that the Services may use automatic means (including, for example, cookies, web beacons, and geolocators) to collect information about your device and about your use of the Services, and transmit that information to third parties as part of the Services. All personal information collected through or in connection with the Services is subject to the Privacy Notice. By downloading, installing, using, and providing information to or through Services, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Notice. Your agreement to the terms and conditions of these Terms of Use will constitute your consent to these practices.
   7. Client acknowledges and agrees that you elect to share or publish your User Content through the Services at your own risk. Client acknowledges and agrees that, once you have posted User Content, Ziing cannot thereafter guarantee that such posted User Content can be deleted. Client agrees that Ziing is not responsible or liable for the conduct of any User. Please take note that no security measures are perfect or impenetrable. Ziing is not responsible for circumvention of any security measures we provide. You understand and acknowledge that, even after removal, User Content may remain viewable in cached and archived pages or if other Users have copied or stored all, or parts of, such information.
   8. Client agrees that Client is solely responsible for all data and other charges Client incurs in connection with Client’s use of the Services, including without limitation charges incurred in uploading images or documents or in connection with using any “chat” via text or other communication feature made available as part of the Services, whether such charges are incurred by accessing the Services from a mobile device using a cellular data connection or otherwise. You agree to pay for all royalties, fees, and any other monies or obligations owed by reason of User Content you post on or through the Services.
   9. You are responsible for obtaining and maintaining a mobile device and for any software requirements and for any data charges and fees associated with accessing and using the Services through a mobile device.
   10. Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Content shall:
   1. not any manner violate, any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice;
   2. not violate the privacy of any individual, including other users of the Platform;
   3. not in any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website;
   4. not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
   5. not affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Platform, or from advertising, linking, or becoming a supplier to us in connection with the Platform;
   6. not use the Platform or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
   7. not transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
   8. not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
   9. not promote any illegal activity, or advocate, promote, or assist any unlawful act;
   10. not give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case; and/or
   11. comply in all respects with the Acceptable Use Policy set forth below.
6. Site Monitoring and Enforcement, Suspension and Termination
   1. Ziing has the right, without provision of notice to:
      1. remove or refuse to post on the Platform or any User Content for any or no reason in our sole discretion;
      2. at all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Platform and User Content and site content standards or Terms of Use;
      3. take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform; and/or
      4. terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms of Use.
   2. YOU WAIVE AND HOLD HARMLESS THE ZIING PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ZIING AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER ZIING OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
   3. We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
7. Links to Other Sites. The Platform may provide access and/or hyperlinks to third party sites and content on the Internet. Such third party sites and content so linked have not necessarily been reviewed by Ziing and are maintained by third parties over which Ziing exercises no control. Ziing expressly disclaims any responsibility for the:
   1. content or accuracy of information contained on such linked content; and
   2. quality of any product or service provided by or advertised in or by any such third party content. Ziing neither endorses nor makes any representation regarding any linked site, product, service and/or content, and if you choose to access any such sites, you do so at your own risk.
   We suggest you assess for yourself the adequacy and appropriateness of any linked site, product, service and/or content for your own purposes.
8. No Reliance.
   1. The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Platform.
   2. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. Your use of the Platform is at your own risk and none of the Ziing Parties have any responsibility or liability whatsoever for your use of the Platform.
9. No Right To Continued Service. Ziing reserves the right to amend the Services and/or the interface, functionality and/or operation of the Services, at any time, from time to time and without prior notice. At any time and from time to time without notice, Ziing may add, delete or disable content, and/or add, delete, disable or modify some or all of the Services at its sole election, and Client acknowledges:
   1. that Client may no longer be able to use the Platform to the same extent - or at all - as prior to such change or discontinuation; and
   2. that Ziing shall have no liability to Client in such case.
   In no event will Ziing be liable for the removal of or disabling of access to any content, materials or functionality. Ziing may also impose limits on the use of or access to certain features or portions of the content, other aspects or components of the Platform or the Services, in any case and without notice or liability.

1. Ownership. You understand and agree that Ziing is the owner and proprietor of the Services. The Services, including the Platform, Ziing Content, and storage, processing and hosting of User Content, as accessed through the Services, are offered to you by Ziing for limited use pursuant to these Terms of Use. Client agrees and acknowledges that you shall not acquire any ownership rights by accessing or downloading Ziing Content through the Services or otherwise.
2. Copyright and Other Intellectual Property. Unauthorized use of any material accessed through or contained on the Services may violate copyright laws, trademark laws, trade secret laws and other regulations, statutes and governing authorities. Ziing Content is owned by Ziing and/or its licensors and content providers and is protected by applicable local and international copyright laws. The compilation of all Ziing Content through the Services and its presentation through the Platform is the exclusive property of Ziing and is protected by Canadian and international copyright laws. Text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, presented on or through the Platform (except for User Content itself) is copyrighted by Ziing, all rights reserved. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
3. Trademark. “Ziing”, the Ziing logo, and all graphics, logos, page headers, titles, button icons, scripts, service names and other trademarks, trade dress and service marks with respect to the Services are trademarks, trade dress and service marks belonging to Ziing, its affiliates or its licensors (the “Ziing Marks”). Ziing Marks may not be used in connection with any product or service that is not related to Ziing or the Services, in any manner that is likely to cause confusion among users or other customers, or in any manner that disparages or discredits Ziing or the Services. Ziing Marks may not be copied, imitated or used, in whole or in part, without prior written permission from Ziing. All other trademarks not owned by Ziing that appear via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, sponsor, or sponsored by Ziing. Any product, service, or trade name other than those owned by Ziing that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Ziing Marks or any third party trademark, unless expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
4. No Reproduction, Modification, etc.
   1. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except where your device may temporarily store or cache copies of materials being accessed and viewed.
   2. You are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform and you must not use any illustrations, photographs, video or audio sequences or any graphics.
   3. No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any copyright, trademark, or other intellectual property or proprietary rights of Ziing or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the content that you are permitted to download, transmit, display, print or reproduce from the Platform.
   4. You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party application), or otherwise use, any of the Platform’s content without the express prior written consent of Ziing or its owner if Ziing is not the owner.
   5. If you print off, copy or download any part of our Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Ziing. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. The limited rights granted to you under these Terms of Use may be revoked by Ziing at any time for any reason whatsoever.

1. AS WITH ANY ONLINE INTERACTION AND ELECTRONIC COMMUNICATION, THERE IS AN INHERENT RISK INVOLVED IN TRANSMITTING ANY INFORMATION VIA THE INTERNET. ZIING DOES NOT AND CANNOT GUARANTEE THAT ITS SYSTEM IS FREE FROM HACKERS OR VIRUSES OR THAT INFORMATION PROVIDED BY USERS VIA THE SERVICES WILL NOT BE STOLEN OR OTHERWISE SURREPTITIOUSLY OBTAINED. ZIING IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT SUCH RISK IS INHERENT IN INTERACTING WITH SYSTEMS OVER THE INTERNET, AND YOU TAKE FULL RESPONSIBILITY FOR ANY HARM, DANGER OR DAMAGE THAT ENSUES DUE TO ANY SUCH BREACH IN SECURITY. PURSUANT TO THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIING EXPRESSLY DISCLAIMS ANY SUCH LIABILITY. IN ADDITION, YOU AGREE TO BE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL HARDWARE AND OTHER EQUIPMENT NEEDED FOR ACCESS TO AND USE OF THE SERVICES AND YOU SHALL BE RESPONSIBLE FOR ALL CHARGES RELATED THERETO.
2. THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE ZIING CONTENT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND ARE SUBJECT TO THE ADDITIONAL DISCLAIMERS AND OTHER TERMS SET FORTH HEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NONE OF THE ZIING PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE ZIING CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO, OR FROM, ZIING OR OTHERWISE VIA THE SERVICES. IN ADDITION, THE ZIING PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING HEREIN SHALL BE CONSTRUED AS A WARRANTY OF COMPATIBILITY WITH ANY PARTICULAR MOBILE/COMPUTING DEVICE, OPERATING SYSTEM, OR OTHER SOFTWARE RESIDENT ON YOUR DEVICE. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ZIING PARTY SHALL HAVE LIABILITY WITH RESPECT TO: (A) FAILURE OF USER CONTENT TO UPLOAD TO THE SYSTEM OR ANY OTHER SYSTEM MALFUNCTION; (B) ANY USER CONTENT; OR (C) THE ACTIONS OR OMISSIONS OF ANY USER.
3. THE ZIING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ZIING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) WITH RESPECT TO THE SERVICES IS TRUE, VALID, ACCURATE, COMPLETE, OR USEFUL.
4. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU EXPRESSLY ASSUME AND HEREBY EXPRESSLY RELEASE THE ZIING PARTIES FROM ALL LIABILITY, IN TORT, CONTRACT OR OTHERWISE, INCURRED IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS) AS A RESULT OF YOUR ACCESS AND USE OF THE SERVICES, THE ZIING CONTENT OR THE USER CONTENT.
5. THE ZIING PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ZIING PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
6. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL ANY ZIING PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, EVEN IF ONE OR MORE ZIING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ADDITIONALLY, IN NO EVENT SHALL THE ZIING PARTIES’ COLLECTIVE AND TOTAL LIABILITY TO YOU UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE ZIING PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE USE OF THE SERVICES DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATIONS OR EXCLUSIONS SET FORTH IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ZIING, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW.
7. No third party has any responsibility for claims relating to the Platform or your possession or use of the Platform, including any allegation that the Platform infringes, violates or misappropriates a third party’s intellectual property rights.
8. Indemnity. To the maximum extent permitted by applicable law, Client hereby agrees to indemnify, defend and hold harmless each Ziing Party from and against any and all claims, demands, damages, losses, costs, expenses, or fees (including reasonable legal fees), liabilities, and causes of action of any kind or character arising out of: (a) any breach or alleged breach of any of your obligations set forth herein; (b) your User Content or your access to or use of the Services or Ziing Content; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by Client or any action or omission Client makes in connection with the Services. Client shall cooperate as fully as reasonably required in the defense of any claim. Ziing reserves the right, at its own expense, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client and Client shall not in any event settle any matter without the written consent of Ziing.

1. You must not post obscene, exploitive, harmful, threatening, abusive, harassing, hateful, defamatory, profane, violent, nude, partially nude, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other similar content via the Services, such determination to be made in Ziing’s sole discretion.
2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
3. You must not attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
4. You must not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, provincial, and local governing authorities) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.
5. You are solely responsible for your conduct and all User Content that you submit, post or display on or via the Services.
6. You must not change, modify, adapt or alter the Services or change, modify or alter another application or website to falsely imply that it is associated with Ziing.
7. You must not act dishonestly or unprofessionally in connection with the Services, including by creating a false identity or misrepresenting yourself or any other information.
8. You must not involve, provide or contribute any false, inaccurate or misleading information.
9. You must not interfere or disrupt the Services, servers or networks connected to the Platform, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Platform is rendered or displayed on a user’s device.
10. You must not encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Ziing or users of the Platform or expose them to liability, including modifying, disrupting, impairing, altering or interfering with the use, features, functions, operation, or maintenance of the Platform or the rights or use of the Platform by any other user.
11. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for any Ziing Party, we reserve the right to stop providing all or part of the Services to you.

1. Entire Agreement. These Terms of Use, including the Privacy Notice incorporated by reference herein and the service agreement between you and Ziing, constitute the entire agreement between Client and Ziing related to your access to and use of the Services. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of these Terms of Use, including the Privacy Notice, as each may be amended by Ziing from time to time, supersede all prior written, oral, or electronic agreements between you and Ziing relating to your access to, and use of, the Services hereunder. Purchases through the Platform or other transactions for the sale of goods or services formed through the Platform, are governed by separate terms of sale.
2. Written Agreement. These Terms of Use constitute a written agreement between you and Ziing. A printed version of these Terms of Use, and of any notice given in electronic form related to these Terms of Use, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
3. Method of Providing Communications to You in Electronic Form. All communications that Ziing provides to Client in electronic form will be provided either: (1) via Ziing’s Services; (2) via e-mail; or (3) by requesting you download a PDF file containing the communication.
4. Governing Law; These Terms of Use and the access to and use of the Platform shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta.
5. No Waiver. Failure to insist on strict performance of any of the Terms of Use will not operate as a waiver of any subsequent default or failure of performance.
6. Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
7. Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute Client and Ziing as partners or joint venturers or to constitute employment or any type of agency.
8. Events Beyond Ziing’s Control. Ziing will use reasonable efforts to keep the Services available for your use; however, Ziing cannot and will not be responsible for any loss or unavailability of access to the Services that results from any cause including a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, wireless data or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, pandemics, strikes or other labor problems, wars, or governmental restrictions.
9. Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
10. Contact Us. For more information about these Terms of Use or any information or questions regarding the Platform, please contact us at info@ziing.ai.