Terms of Service

1. Introduction.

Welcome to our website and services (the “Services”) provided by ZeBeyond. By accessing or using our website at https://www.zebeyond.com

(the “Site”) or any of our software products (including but not limited to “ePOP Cloud”, “ePOP Desktop”, “Data Subscription”), you agree to be bound by these Terms of Service (“TOS”), our Privacy Policy, and our Imprint. If you do not agree with these terms, please do not access or use the Services.

2. Definitions.

• “User”, “you” or “your” means any person or entity accessing or using the Services.
• “Services” means the Site, software, web-based tools, subscriptions and related offerings we make available.
• “Website Content” means all content available on or through the Site, including text, images, videos, software, data, documentation, and other materials.

3. Eligibility & account creation.

You must be at least 18 years old (or have legal capacity) to use the Services. When creating an account (if one is required), you must provide accurate, current and complete information and maintain security of your password. You are responsible for all activity under your account.

4. Use of services.

1. License grant: subject to these terms, ZeBeyond grants you a non-exclusive, non-transferable, revocable license to access and use the Services in accordance with the documentation and for the purpose permitted by us.
2. Permitted use: you may use the Services for your internal business purposes (or such permitted uses as specified in your subscription) and in accordance with all applicable laws.
3. Prohibited use: without limiting generality, you must not:

• Copy, modify, distribute, sell, lease, sublicense or reverse engineer any part of the Services.
• Use the Services to infringe any intellectual property, privacy or other rights.
• Use the Services in a way that disrupts or degrades the Services for other users.
• Attempt to gain unauthorized access to the Services, servers, or networks.
• Use the Services to transmit malicious code, spam, or for any unlawful purpose.

5. Subscriptions, payment & term.

If you access our Services under a subscription model (e.g., trial, paid license):

• You will pay the fees and charges specified in the applicable order/documentation.
• All payments are non-refundable unless otherwise expressly stated.
• We may suspend or terminate your access if you fail to pay or violate the TOS.
• We may change our pricing or fees but will notify you in advance.
• The term of the subscription and any renewal or cancellation terms will be as set in the order or documentation.

6. Intellectual property.

All rights, title and interest in and to the Services, Website Content, software, documentation and any derivatives remain with ZeBeyond or its licensors. You obtain no rights except as expressly granted herein.

7. User-generated content.

If you provide any content to the Services (e.g., feedback, data, suggestions):

• You grant ZeBeyond a worldwide, royalty-free, perpetual, irrevocable licence to use, modify, reproduce, adapt, publish and display that content for our business purposes.
• You represent that you own or are authorised to provide such content and that it does not infringe any third-party rights or violate any law.

8. Confidentiality.

Each party may receive information that is marked confidential or by its nature would be understood as confidential (“Confidential Information”). Except as permitted by these TOS, you shall not disclose or use ZeBeyond’s Confidential Information. This clause survives termination of these TOS.

9. Warranties and disclaimers.

1. Warranties: we warrant that the Services will perform substantially in accordance with documentation.
2. Disclaimer: except as stated above, the Services are provided “as is” and “as available”, and ZeBeyond expressly disclaims all other warranties (whether express, implied or statutory) including merchantability, fitness for purpose, non-infringement or uninterrupted access.

10. Limitation of liability.

To the maximum extent permitted by law:

• ZeBeyond and its officers, directors, employees, agents will not be liable for any indirect, incidental, special or consequential damages, including loss of profits, data or business opportunity.
• ZeBeyond’s total aggregate liability under these TOS shall not exceed the fees actually paid by you to us in the twelve (12) months preceding the event giving rise to liability (or, if you paid no fees, a minimal sum to be agreed in writing).

11. Termination.

1. By you: you may stop using the Services at any time and close your account if you have one.
2. By ZeBeyond: we may suspend or terminate your access or account immediately if you breach these TOS, become insolvent, or where required by law.
3. Effect of termination: on termination: (a) all rights granted to you end; (b) you must cease using the Services; (c) you may no longer access the Services or related data (unless otherwise agreed); (d) sections such as Intellectual Property, Confidentiality, Limitation of Liability, Governing Law survive.

12. Changes to terms of service.

We may amend these TOS from time to time. We will provide notice of material changes (e.g., via email if you have an account or via notice on the Site). Continued use of the Services after the revised TOS become effective constitutes your acceptance of the new terms.

13. Governing law and dispute resolution.

These TOS and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of England & Wales (or another jurisdiction you specify). Any claim must be brought within one (1) year after the claim arises.

Where permissible, any dispute shall be resolved by binding arbitration (or as otherwise specified) rather than court proceedings.

14. General provisions.

• If any provision of these TOS is held invalid or unenforceable, the remainder remains in full force.
• You may not assign or transfer your rights under these TOS without ZeBeyond’s prior written consent. ZeBeyond may assign these TOS without your consent.
• These TOS, together with the Privacy Policy and Imprint, constitute the entire agreement between you and ZeBeyond regarding the Services and supersede all prior or contemporaneous communications.

15. Contact information.

If you have any questions about these Terms, you may contact us at:
ZeBeyond Ltd.

The Fold, Spencer Street
LEAMINGTON SPA
CV31 3NE
United Kingdom

Email: hello@zebeyond.com

Company registration number: 14515954