1. Overview

These Terms of Service (“Terms”) govern your access to and use of the Zimzee website, applications, browser extension, APIs, and related services (collectively, the “Service”).

By accessing or using Zimzee, you agree to be bound by these Terms, our Privacy Policy, and any additional policies or guidelines we may provide. If you do not agree to these Terms, you may not access or use the Service.

2. The Service

Zimzee provides tools to save, organize, analyze, and generate creative and marketing content using artificial intelligence.

The Service is continuously evolving. Zimzee may modify, update, limit, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability.

Zimzee does not guarantee that any features, outputs, storage, integrations, AI models, workflows, or functionality will remain available or unchanged.

3. Eligibility

You may use Zimzee only if you can form a legally binding contract, comply with applicable laws, are not prohibited by U.S. sanctions, and meet the minimum legal age requirements applicable to you.

You are responsible for ensuring that your use of the Service is permitted under the laws, rules, and regulations that apply to you.

4. Accounts

You must provide accurate, complete, and current information when creating an account.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Zimzee is not responsible for any loss resulting from unauthorized access to your account.

You agree to notify Zimzee immediately of any suspected unauthorized use, breach of security, or misuse of your account.

5. AI-Generated Content

Zimzee uses artificial intelligence to generate suggestions, strategies, scripts, creative concepts, advertisements, copy, images, videos, and other outputs (“AI Output”).

You acknowledge and agree that AI Output may be inaccurate, incomplete, outdated, misleading, offensive, similar to outputs generated for others, or unsuitable for your specific purpose.

Zimzee does not guarantee any marketing, advertising, financial, legal, creative, business, or commercial outcome from your use of AI Output.

You are solely responsible for reviewing, editing, validating, approving, publishing, distributing, relying on, or otherwise using AI Output.

You assume all risks associated with your use of AI Output, including risks related to accuracy, legality, intellectual property, advertising compliance, platform rules, and third-party rights.

You are solely responsible for ensuring that your use of AI Output and User Content does not infringe, misappropriate, or violate any intellectual property, copyright, trademark, or other proprietary rights.

Zimzee is not liable for any decisions, claims, damages, losses, costs, or results based on AI Output.

You are responsible for ensuring that you have all necessary rights, permissions, and consents to use any likeness, voice, image, or identity in connection with AI Output or other use of the Service.

6. Your Content

You retain ownership of content you upload, save, submit, generate, share, or otherwise make available through the Service (“User Content”).

You grant Zimzee a non-exclusive, worldwide, royalty-free license to store, process, display, reproduce, transmit, cache, and use your User Content solely as needed to operate, maintain, provide, secure, support, and improve the Service.

You represent and warrant that you have all rights, permissions, licenses, and authority necessary to upload, save, use, generate, share, and make available your User Content through the Service.

You are solely responsible for all User Content you save, upload, submit, generate, share, or otherwise make available through the Service, including ensuring that such User Content does not violate any law, contract, platform rule, intellectual property right, privacy right, publicity right, or other third-party right.

Zimzee does not verify, endorse, approve, monitor, or assume responsibility for User Content saved, generated, shared, accessed, or used through the Service. Any content you access, save, generate, share, or use through Zimzee is accessed and used at your own risk.

7. Saved Content and Third-Party Materials

Zimzee may allow you to save, organize, capture, bookmark, upload, or reference ads, posts, videos, screenshots, links, files, images, copy, and other materials from third-party websites, platforms, or sources.

You acknowledge that Zimzee is a tool for saving, organizing, and creating content, and is not the publisher, owner, or legal approver of third-party materials that you save or access through the Service.

You are solely responsible for determining whether you have the right to save, copy, download, store, use, modify, share, publish, or otherwise exploit any third-party material.

Zimzee is not responsible for the accuracy, legality, copyright compliance, availability, ownership, permissions, or appropriateness of any third-party content or User Content accessed, saved, stored, linked, generated, or used through the Service.

8. Ownership of AI Output

Subject to your compliance with these Terms, you may use AI Output for personal or commercial purposes.

However, AI Output may not be unique. Other users may generate similar or identical outputs. Zimzee does not guarantee originality, exclusivity, ownership, availability, legal clearance, copyrightability, trademark clearance, or non-infringement of any AI Output.

9. Data Usage for Improvement

Zimzee may use anonymized and aggregated data, as well as general usage patterns, to improve, develop, secure, and enhance its services.

We do not use your private or identifiable content to train our AI models in a way that would expose or reproduce your specific content without your permission.

10. Subscriptions and Billing

Certain features of the Service require payment through a subscription. By subscribing, you authorize Zimzee or its payment processor to charge your payment method on a recurring basis.

Subscriptions automatically renew unless canceled before the renewal date. All fees are non-refundable except where required by law or explicitly stated.

Upgrades may take effect immediately and may begin a new billing cycle. Unused credits from a prior plan may be carried over at Zimzee’s discretion.

Downgrades take effect at the next billing cycle unless otherwise stated.

Zimzee reserves the right to change pricing, plans, features, billing methods, and subscription terms with reasonable notice where required.

You are responsible for keeping your billing information accurate and current. If payment fails, Zimzee may suspend or terminate your access to paid features.

11. Credits

Zimzee may use a credit-based system for certain features, including AI generation and other usage-based actions.

Credits have no cash value, are non-transferable, non-refundable, and may not be redeemed for money except where required by law.

Credits may expire, be forfeited upon cancellation, or be subject to usage limits at Zimzee’s discretion.

Zimzee may modify credit pricing, credit usage rates, availability, included credits, feature access, or credit functionality at any time.

Zimzee is not responsible for unused, expired, forfeited, or lost credits.

12. Refunds

Zimzee may offer a limited refund period, such as a 7-day refund period, for initial purchases only.

Refunds may be denied if meaningful use of the Service has occurred, including use of AI generation, credits, storage, downloads, exports, saved content, or other paid features.

Subscription renewals, credit purchases, upgrades, add-ons, and promotional purchases are non-refundable unless required by law or explicitly stated.

13. Taxes and Payment Processing

You are responsible for all applicable taxes, duties, levies, and government charges associated with your purchases or use of paid features, except for taxes based on Zimzee’s income.

Zimzee may use third-party payment processors to process payments. Your payment information may be processed by those providers according to their terms and privacy policies.

Zimzee is not responsible for errors, delays, fees, declines, chargebacks, or other issues caused by payment processors, banks, card issuers, or other third-party payment providers.

14. Export Control and Sanctions

You agree to comply with all applicable export control, sanctions, and trade compliance laws and regulations.

You may not use, export, re-export, access, or transfer the Service in violation of U.S. export control laws, sanctions laws, or any other applicable trade restrictions.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list.

15. Fair Use and AI Usage

To ensure system stability and fair access, you agree not to abuse, overload, or bypass limits of the Service.

You may not use bots, scripts, automation, shared accounts, excessive generation patterns, scraping tools, or technical workarounds to avoid pricing, credits, rate limits, account limits, or usage restrictions.

Zimzee may monitor usage patterns and may limit, throttle, suspend, restrict, or terminate accounts that engage in abusive, excessive, fraudulent, abnormal, or harmful usage.

16. Acceptable Use

You agree not to use Zimzee for illegal, harmful, deceptive, abusive, defamatory, infringing, fraudulent, misleading, obscene, harassing, threatening, or otherwise objectionable purposes.

You may not impersonate individuals or entities without consent, violate privacy or publicity rights, upload or save content you do not have the right to use, or generate content that violates applicable laws, platform rules, contracts, or third-party rights.

You may not reverse engineer, scrape, crawl, copy, extract, decompile, interfere with, overload, or attempt to access the underlying systems, models, prompts, code, infrastructure, APIs, or security features of the Service.

You may not use Zimzee to build, train, benchmark, test, compare, or improve competing products, services, models, datasets, or AI systems.

You may not remove, obscure, or alter any copyright notices, watermarks, attribution, ownership information, rights management information, or usage restrictions contained in any content accessed through or saved using the Service.

17. Storage

Zimzee may provide storage features, including the ability to save content such as ads, posts, videos, images, screenshots, files, links, and other materials.

While Zimzee may describe storage as “unlimited” for typical usage, you acknowledge that storage is provided on a best-effort basis and is not guaranteed.

Zimzee may impose reasonable limits on storage, file size, bandwidth, retention, processing capacity, sharing, downloads, or usage at any time.

Content may be deleted, removed, limited, corrupted, restricted, disabled, or become unavailable without notice.

You are solely responsible for maintaining your own backups of important content.

Zimzee strongly recommends that you maintain your own backup copies of any important content. You acknowledge that Zimzee has no obligation to preserve, recover, restore, replace, export, or provide copies of any User Content that is lost, deleted, corrupted, removed, restricted, or unavailable.

Zimzee is not liable for any loss, deletion, corruption, failure to store, failure to encrypt, failure to back up, or unavailability of content.

18. Sharing and Collaboration

If you share content, boards, folders, links, workspaces, projects, saved items, exports, or other materials through the Service, you are responsible for deciding who may access that content.

Anyone you invite or share content with may be able to view, use, copy, download, modify, export, disclose, distribute, or further share that content.

Zimzee is not responsible for any loss, misuse, disclosure, copying, downloading, modification, distribution, unauthorized access, or unauthorized use of content that you choose to share.

You are solely responsible for managing permissions, share links, collaborators, team members, and access settings associated with your content.

Zimzee is not a party to disputes between users, collaborators, team members, account holders, or third parties regarding shared content.

19. Content Removal and Availability

Zimzee does not guarantee that any User Content, AI Output, saved content, shared content, or other material will remain available through the Service.

Zimzee reserves the right, but has no obligation, to remove, block, disable, limit, restrict, modify, or refuse to process any content at any time, with or without notice, for any reason or no reason, including if we believe the content may violate these Terms, third-party rights, platform rules, applicable law, or create risk for Zimzee or others.

Zimzee has no liability for removing, disabling, limiting, deleting, restricting, or failing to store any content.

20. No Duty to Monitor; No Fiduciary Duty

Zimzee has no obligation to monitor, review, verify, police, approve, or control User Content, AI Output, saved content, shared content, third-party content, or user activity.

Zimzee may choose to monitor, review, remove, or restrict content or accounts, but doing so does not create any obligation to do so in the future.

Zimzee does not have a fiduciary duty, special relationship, professional advisory relationship, agency relationship, partnership, joint venture, employment relationship, or duty to act on your behalf.

Any strategy, suggestion, plan, recommendation, analysis, or AI Output provided through the Service is for informational and creative assistance only and does not constitute legal, financial, advertising, compliance, or professional advice.

21. Third-Party Services

The Service may include links to, integrations with, or access to third-party websites, platforms, APIs, payment processors, AI providers, hosting providers, social platforms, app stores, browser stores, or other services (“Third-Party Services”).

Zimzee does not control and is not responsible for the availability, functionality, accuracy, legality, security, policies, practices, content, outputs, pricing, uptime, or performance of Third-Party Services.

Your use of Third-Party Services is at your own risk and subject to their separate terms and policies.

Zimzee is not liable for any loss or damage caused by or related to Third-Party Services, including outages, API failures, policy changes, pricing changes, removals, data loss, account restrictions, or platform decisions.

22. Security

Zimzee implements reasonable security measures, but no system is completely secure.

We do not guarantee that the Service will be free from unauthorized access, breaches, vulnerabilities, interruptions, data loss, malware, viruses, or harmful components.

You are responsible for using appropriate security practices, protecting your credentials, managing your devices, and maintaining your own backups.

To the maximum extent permitted by law, Zimzee is not liable for unauthorized access to your account, User Content, AI Output, saved content, shared content, or data.

23. Termination

Zimzee may suspend or terminate your access to the Service at any time for violations of these Terms, misuse, abuse, non-payment, legal reasons, security concerns, operational reasons, risk management, or any other reason permitted by law.

Upon termination, your right to access or use the Service ends immediately.

We may delete, restrict, disable, or remove access to your account, User Content, AI Output, credits, stored materials, saved content, shared links, or other data associated with your account.

Any provisions that by their nature should survive termination will survive, including provisions related to ownership, licenses, disclaimers, limitation of liability, indemnification, arbitration, governing law, and general terms.

24. Copyright Complaints

If you believe content available through Zimzee infringes your copyright or other intellectual property rights, please contact us at [email protected] with enough information for us to review the claim.

Your notice should include identification of the copyrighted work, identification of the allegedly infringing material, your contact information, and a statement that you have a good-faith belief the use is not authorized by the rights owner, its agent, or the law.

Your notice should also include a statement that the information in your notice is accurate and, under penalty of perjury, that you are the rights owner or authorized to act on behalf of the rights owner.

Zimzee may remove or disable access to content alleged to infringe third-party rights and may terminate accounts of repeat infringers.

25. Disclaimers

The Service and all content, features, storage, AI Output, saved content, shared content, integrations, and functionality are provided “as is” and “as available” without warranties of any kind.

Zimzee disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, uninterrupted operation, security, and error-free performance.

Zimzee makes no representations concerning any content contained in or accessed through the Service and is not responsible for the accuracy, copyright compliance, legality, appropriateness, usefulness, or availability of any User Content, AI Output, saved content, shared content, or third-party content.

You acknowledge that your use of the Service is solely at your own risk.

26. Limitation of Liability

To the maximum extent permitted by law, Zimzee is not liable for indirect, incidental, special, consequential, exemplary, punitive, or compensatory damages of any kind, including loss of profits, revenue, data, goodwill, content, business opportunities, use, or cost of substitute services.

Zimzee is not liable for damages arising from or related to your use of or inability to use the Service, AI Output, saved content, User Content, shared content, third-party services, unauthorized access, bugs, outages, errors, viruses, platform failures, or data loss.

Zimzee’s total liability for all claims relating to the Service is limited to $100 USD.

These limitations apply to the maximum extent permitted by law, even if a remedy fails of its essential purpose.

27. Indemnification

You agree to defend, indemnify, and hold harmless Zimzee, its affiliates, officers, directors, employees, contractors, agents, suppliers, licensors, partners, and representatives from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Service, your User Content, your AI Output, your saved content, your shared content, your violation of these Terms, your violation of any law or third-party right, or any third party’s use of your account, credentials, or identity.

Zimzee reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us in asserting available defenses.

28. Arbitration and Dispute Resolution

For any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you agree to first contact Zimzee and attempt to resolve the matter informally.

If the dispute cannot be resolved informally, it will be resolved through binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, unless otherwise required by applicable law.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any dispute is subject to arbitration.

Arbitration may be conducted remotely unless otherwise required by applicable law or agreed by the parties.

You and Zimzee waive the right to a jury trial and agree not to participate in class actions, class arbitrations, representative actions, consolidated proceedings, or mass actions. Claims must be brought only in an individual capacity.

Small claims court claims may be brought where applicable.

Any claim relating to these Terms or the Service must be brought within one (1) year of the event giving rise to the claim, unless a longer period is required by applicable law. Claims not brought within that period are permanently barred.

This arbitration provision survives termination of your use of the Service.

29. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

30. Changes to Terms

We may update these Terms from time to time. We will post the updated version on our website. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service.

31. General Terms

You may not assign these Terms without our consent. Zimzee may assign these Terms without restriction.

If any provision is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force and effect.

Zimzee’s failure to enforce any provision does not waive our right to enforce it later.

Zimzee is not liable for any delay or failure to perform due to causes beyond its reasonable control, including outages, cyberattacks, third-party provider failures, internet failures, labor disputes, natural disasters, war, terrorism, governmental actions, power failures, platform changes, or other events outside Zimzee’s reasonable control.

No agency, partnership, joint venture, employment, fiduciary, or special relationship is created by these Terms or your use of the Service.

These Terms, together with our Privacy Policy and any additional policies, constitute the entire agreement between you and Zimzee regarding the Service.

32. Contact

Zimzee Inc.
401 East 64th Street
New York, NY 10065 USA
[email protected]