Zoombo Terms of Service

1. Terms of Service

By accessing and using Zoombo, you acknowledge and agree to comply with the terms outlined in this document. These Terms & Conditions govern your use of our website, mobile applications, and any other services provided by Zoombo Technology Limited ("Zoombo"). Your continued use of our services constitutes acceptance of these terms.

2. Limitation of Liability

Zoombo and its team shall not be held responsible for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services. This includes, but is not limited to, loss of data, financial losses, or disruptions caused by technical issues, even if we have been advised of such possibilities.

If your use of Zoombo results in the need for repairs, data recovery, or other costs, you assume full responsibility for any expenses incurred.

We reserve the right to update service terms, modify pricing, and adjust usage policies as necessary. Any changes will be communicated through appropriate channels.

3. Use of the App

3.1 Eligibility

The Zoombo Service is not available to individuals under the age of 16. If you are at least 16 but have not yet reached the legal age of majority in your place of residence, your parent or legal guardian must review and agree to these Terms on your behalf and supervise your use of the Service.

You may not access, register for, subscribe to, or use the Zoombo Service if:

3.2 End User License

Subject to your compliance with these Terms and the applicable subscription payments, Zoombo grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to download, install, and use the Zoombo application strictly for personal and non-commercial purposes. This license applies only to devices that you own or control and does not grant you any ownership rights to the service or software.

Except where explicitly permitted by these Terms or applicable laws, you may not:

Any violation of these terms may result in the termination of your license and access to Zoombo without prior notice. Zoombo reserves the right to enforce these terms to the fullest extent permitted by law.

3.3 Prohibited Conduct

You agree that you will not, and will not permit any person accessing the App using your account, device, or credentials, to engage in any of the following activities:

We reserve the right to investigate and take appropriate action, including suspending or terminating your access to the App, if we suspect or determine that you have engaged in any prohibited conduct.

4. Definitions & Key Terms

To ensure clarity in these Terms of Service, the following terms shall have the meanings set forth below:

5. User Content

5.1 Definition

The Zoombo app, or certain features within it, may offer functionality that enables you to upload, save, access, generate, edit, share, or distribute text, images, audio, or other materials (collectively, "User Content").

5.2 Ownership

We do not assert any ownership claims over your User Content.

5.3 License to Zoombo

To enable us to operate the app, deliver its services to you, and enhance our existing technologies (as well as develop new ones), you grant Zoombo Technology Limited specific rights related to your User Content protected by intellectual property laws. Specifically, you provide us with a license to utilize your User Content for the purposes of running, refining, and advancing the Zoombo app or creating new tools and services. This use is limited to improving the effectiveness of our machine learning systems, and we will only do so with your prior consent, in line with our Privacy Policy. You will not be entitled to compensation for any use of your User Content under this agreement.

5.4 Your Responsibilities

You are fully accountable for all User Content you submit. You affirm and guarantee that your User Content does not infringe or violate the rights of any individual, complies with these Terms and all relevant laws, and that you possess all necessary permissions to grant the license described above and to upload, store, access, create, edit, share, or publish your User Content via the app. When applicable, this extends to any interactions with promotions or campaigns associated with Zoombo.

5.5 Disclaimer on Data Retention

The Zoombo app currently does not utilize cloud processing for storing AI-generated content, such as videos or images created through the app's features. As a result, any AI-generated videos, images, or other User Content will not be saved or retained by Zoombo Technology Limited after you uninstall or delete the app from your device. It is your responsibility to back up or save any such content before deleting the app. To the maximum extent permitted by applicable law, Zoombo Technology Limited will not be liable for any loss, deletion, or unavailability of AI-generated content resulting from your deletion of the app, failure to back up your content, or any other actions on your part. We strongly recommend that you maintain copies of any important content outside of the app to avoid unintended data loss.

6. Intellectual Property

Zoombo Technology Limited or our licensors solely own and hold all rights, title, and interest in the Zoombo mobile application ("App") and all materials associated with it, such as software, algorithms, designs, graphics, audio, videos, text, and other elements made available through the App (collectively, "App Content"), excluding User Content as defined in Section 5. This ownership extends to all intellectual property rights, whether registered or unregistered, including copyrights, trademarks, service marks, trade names, logos (including "Zoombo" and "Zoombo Technology Limited"), domain names, patents, trade secrets, proprietary technology, and all related goodwill, as well as any derivative works or enhancements tied to the App. Any rights not specifically granted to you in these Terms are fully reserved by us.

7. Generative AI Features

7.1 Overview

The Zoombo app may include features that utilize one or more generative artificial intelligence models or tools ("Generative AI Features"). These features may allow you to provide inputs such as text, images, videos, audio, or other materials ("Input"). Using your Input, the Generative AI Features may produce outputs like text, images, videos, or audio ("Output"). Both your Input and Output are classified as User Content under these Terms (as defined in Section 5), and, as between you and Zoombo Technology Limited, you retain ownership of your Input and Output.

7.2 Restrictions on Use of Generative AI Features

In addition to the restrictions outlined in Section 8 (Prohibited Conduct), when using the Generative AI Features, you agree not to, and will not allow anyone using your account to:

8. Privacy

Your use of the Zoombo app involves the collection and processing of certain data as necessary to provide and improve our services. The types of data collected, how it is used, and your rights regarding your information are detailed in our Privacy Policy, which you should review carefully. By using the app, you agree that your data will be handled in accordance with that policy. We encourage you to check the Privacy Policy periodically for updates.

9. Promotions, Contests, and Sweepstakes

9.1 Additional Rules

Zoombo may offer promotions, contests, or sweepstakes (each, a "Promotion") through the app or in connection with its services. These Promotions may be governed by separate official rules or conditions in addition to these Terms. Such rules may outline eligibility criteria, entry methods, deadlines, prize details, and limitations. If you choose to participate in a promotion, you must review and comply with its specific rules or conditions. In cases where a Promotion's rules conflict with these Terms, the Promotion's rules will take precedence for that specific Promotion.

9.2 User Content in Promotions

Your participation in a Promotion, including any submissions you make, is considered User Content as defined in Section 5. All provisions of these Terms related to the submission and use of User Content apply to your Promotion entries. Additionally, Zoombo Technology Limited may use your Promotion-related User Content for advertising, marketing, or promotional purposes.

10. Third-Party Services, Materials, and Advertising

10.1 Access to Third-Party Content

The Zoombo app may provide access to third-party services, software, or websites (collectively, "Third-Party Services"). It may also display, include, or link to content, data, or materials from third parties, including User Content as defined in Section 5 (collectively, "Third-Party Materials").

10.2 No Responsibility for Third-Party Content

By using Zoombo, you may encounter Third-Party Services or Third-Party Materials that you find offensive, inappropriate, or objectionable, which may or may not be labeled as containing explicit content. Search results or links within the app may unintentionally lead to such material. You acknowledge that Zoombo Technology Limited does not review, evaluate, or assume responsibility for the accuracy, completeness, timeliness, legality, appropriateness, quality, or any other aspect of Third-Party Services or Third-Party Materials. We do not endorse, warrant, or accept liability for any Third-Party Services or Third-Party Materials, which are provided solely for your convenience. You use these at your own risk, and we are not liable for any content you deem offensive, inappropriate, or objectionable.

10.3 Availability and Compliance

Third-Party Services and Third-Party Materials accessed, displayed, or linked through your device may not be available in all languages, regions, or operating systems. We make no guarantee that such services or materials are suitable or accessible in any specific location. If you choose to interact with Third-Party Services or Third-Party Materials, you do so at your own discretion and are responsible for complying with all applicable laws. You also agree to adhere to any relevant third-party terms and conditions associated with the use of Zoombo, Third-Party Services, or Third-Party Materials.

10.4 Changes and Limitations

Zoombo Technology Limited, along with our content providers and licensors, reserves the right to modify, suspend, remove, restrict, or disable access to any Third-Party Services or Third-Party Materials at any time without notice. We will not be liable for any such changes, restrictions, or removal of access.

10.5 Advertisements

Zoombo may include advertisements from us, our affiliates, or third-party partners. As part of your access to and use of the app, you consent to the placement of such advertisements within the app.

11. Purchases, Subscriptions, Promotional Codes, and Auto-Renewals

11.1 Free Trials and Subscription Fees

Zoombo Technology Limited may, at our discretion, offer free trials for certain features or services within the app. Upon installing the app, completing a free trial (if applicable), or redeeming a Virtual Item or Promotional Code, you may be charged applicable subscription fees for continued use of the Zoombo app. After the initial subscription term—whether weekly, monthly, quarterly, yearly, or another duration—your subscription will automatically renew at the then-current subscription fee for the same duration, unless you actively cancel it. Subscription fees may be updated at our discretion, but any changes will not apply retroactively.

11.2 Managing Subscriptions

If you purchased your subscription through an app marketplace (e.g., Apple App Store or Google Play), you can manage or cancel your subscription and auto-renewals through your account settings in the respective app marketplace, subject to their policies. If you purchase your subscription directly through the Zoombo app or website, you can manage or cancel it by following the instructions provided in your purchase or renewal confirmation emails, or by visiting the relevant support page within the app. Note that uninstalling the Zoombo app does not automatically cancel your subscription.

12. Disclaimer of Warranties

You acknowledge and agree that your use of the Zoombo app is at your own risk. To the fullest extent permitted by applicable law, the Zoombo app, including all features, content, and services provided through it, is offered on an "as is" and "as available" basis, without any warranties of any kind. Zoombo Technology Limited explicitly disclaims all express, implied, or statutory warranties related to the app, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, course of dealing, trade usage, and non-infringement. We do not guarantee that the app will meet your expectations, operate without interruptions, be secure, error-free, or free from viruses or other harmful components, nor do we warrant that any defects or errors will be corrected. Any oral or written advice or information provided by us or our representatives does not create a warranty. If the app is found to be defective, you bear the full cost of any necessary repairs, servicing, or corrections, and you are solely responsible for any data loss or corruption resulting from your use of the app. Some jurisdictions do not permit the exclusion of certain implied warranties, so some of these exclusions may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Zoombo Technology Limited, our affiliates, parent companies, officers, directors, employees, agents, partners, licensors, contractors, and permitted successors and assigns (collectively, "Indemnified Parties") from any losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs, or expenses (including reasonable attorneys' fees and professional fees) incurred by any Indemnified Party, to the extent they arise directly or indirectly from: (a) your User Content as defined in Section 5; (b) your breach of these Terms or any breach by someone using your account or device; (c) your access to or use of the Zoombo app; (d) your violation of any applicable laws or regulations; (e) your infringement of any third-party rights, including privacy, intellectual property, or proprietary rights, in connection with your use of the app, compliance with these Terms, or exercise of rights granted under these Terms; and (f) any claims for property damage, personal injury, bodily injury, or death caused by your breach of these Terms. We reserve the right to assume control over the defense, negotiation, and settlement of any claim subject to indemnification, including the selection of legal counsel, at our discretion. You agree to fully cooperate with us in the defense, negotiation, or settlement of any such claim.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Zoombo Technology Limited, along with our affiliates, parent companies, officers, directors, employees, agents, partners, licensors, contractors, and permitted successors and assigns, will not be liable to you or any third party for any personal injury, or any indirect, incidental, special, exemplary, punitive, moral, or consequential damages, including but not limited to damages for loss of profits, data loss, business interruption, or other commercial losses, arising from or related to your use of or inability to use the Zoombo app, or any User Content, regardless of the legal theory (contract, tort, or otherwise), whether such damages were foreseeable, and even if we were advised of the possibility of such damages, or if any remedy fails its essential purpose. Our total liability to you for all damages (except as required by applicable law) will not exceed fifty U.S. dollars ($50). Some jurisdictions do not allow the limitation of certain damages, so some of these limitations may not apply to you. These limitations do not affect your statutory consumer rights in your jurisdiction.

15. Service or Account Suspension

Zoombo Technology Limited reserves the right to suspend or terminate your access to your account (if applicable) and any part or all of the Zoombo app at our discretion, including if we determine, in our sole judgment, that: (a) there is a potential threat or attack on our systems, services, or stored data; (b) your use of the app poses a security risk or disrupts our operations, or those of our customers or partners; (c) you or someone using your account is engaging in fraudulent or illegal activities through the app; (d) providing the app to you violates applicable laws or regulations; (e) you fail to comply with these Terms, or we reasonably believe you are likely to violate them; or (f) any of our licensors or partners restricts, suspends, or terminates our access to Third-Party Services or Third-Party Materials (as defined in Section 10) necessary for the app's operation. We will make reasonable efforts to notify you of any suspension and provide updates on resuming access, if applicable. We will not be liable for any damages, losses (including loss of data or profits), liabilities, or other consequences arising from a suspension of the app or your account.

16. Termination

16.1 Duration of Terms

These Terms remain in effect until you: (a) cease using the Zoombo app, (b) uninstall and delete all copies of the app from your devices, (c) cancel your account (if applicable), and (d) cancel any active subscriptions. You may stop using the app at any time. For details on canceling subscriptions or auto-renewals, please refer to Section 11 (Purchases, Subscriptions, Promotional Codes, and Auto-Renewals).

16.2 Termination by Zoombo

We may terminate these Terms at any time, for any reason, by providing you with notice. Additionally, your rights under these Terms will automatically terminate if you fail to comply with any of its provisions.

16.3 Effects of Termination

Upon termination, expiration, or cancellation of these Terms for any reason, you must: (a) immediately stop using the Zoombo app and delete all copies of the app or related software in your possession, and (b) all rights and obligations under these Terms, including any licenses granted to you, will cease immediately. Provisions of these Terms that are intended to survive termination—such as those related to intellectual property, indemnification, limitation of liability, and governing law—will remain in effect.

17. Account

17.1 Account Creation and Information

If the Zoombo app allows or requires you to create an account, these Terms also govern your account. You agree to provide accurate, current, and complete information during registration and to meet the eligibility requirements outlined in these Terms. You are responsible for keeping your account information up to date. We may require you to verify your registration information (e.g., your email address) to continue using the app, and failure to do so may result in restricted or terminated access.

17.2 Username and Identity

When selecting a username or nickname, you agree not to use any name that is illegal, deceptive, harmful, defamatory, abusive, offensive, threatening, harassing, discriminatory, racist, or that violates the rights of others (including privacy or intellectual property rights). You must not impersonate another person or misrepresent your identity or affiliation with any individual or entity. Additionally, you may not buy, sell, rent, or give away your account.

17.3 Account Security

You are responsible for keeping your account and registration information confidential and must not share it with others or allow anyone else to access your account. If you become aware of or suspect any security breach, such as unauthorized access or disclosure of your registration information, you must immediately notify us and update your information. You are solely responsible for all activities conducted through your account, including any purchases, whether authorized by you or not. To the maximum extent permitted by applicable law, you are liable for anything that occurs through your account.

18. Copyright Infringement Notice

If you are a copyright owner or an agent of a copyright owner and believe that any content on the Zoombo app infringes your copyright, you may submit a notification to us by providing the following details: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) a description of the material you claim is infringing; (c) your contact information, including your address, phone number, and email; (d) a statement affirming that you have a good faith belief that the use of the material in question is not authorized by the copyright owner; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. Please send this information to our designated contact as provided in Section 20 (Contact Us).

19. General

19.1 Notices

Unless otherwise specified in these Terms, any notice required or referenced herein may be delivered by Zoombo Technology Limited to you through (a) email to the address you provided, (b) a posting on the Zoombo app, or (c) other legally recognized methods. It is your responsibility to ensure your contact information is current to receive such notices and to regularly check the app (e.g., by opening it at least monthly). Notices sent via email will be considered effective upon sending, while notices posted on the app will take effect upon posting. To send us a notice under these Terms, please contact us at: contact@zoombo.ai. Notices delivered in person will be effective immediately, those sent by email or overnight courier will be effective one business day after dispatch, and those sent by registered or certified mail will be effective three business days after dispatch.

19.2 Assignment

You may not assign, subcontract, delegate, or transfer these Terms, or any rights or obligations herein, without the prior written consent of an authorized representative of Zoombo Technology Limited; any attempt to do so without consent will be null and void. We reserve the right to assign these Terms or delegate our obligations, in whole or in part, to any entity or individual at our discretion without your approval.

19.3 Waiver and Rights

Our failure to exercise or enforce any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Zoombo Technology Limited to be effective. The rights and remedies provided in these Terms are cumulative and supplement, rather than replace, any other rights or remedies available under law, equity, or otherwise.

19.4 Severability

If any provision or part of these Terms is determined to be illegal, invalid, or unenforceable for any reason, that provision or affected part will be modified to the extent necessary to make it valid and enforceable under applicable law. Such modification will be interpreted as narrowly as possible to preserve the intent of these Terms, and all unaffected provisions will continue to remain fully enforceable.

19.5 Binding Effect

These Terms will be binding on you, Zoombo Technology Limited, and our respective successors and permitted assigns.

19.6 Third-Party Beneficiaries

Except as explicitly stated in Sections 6 (Intellectual Property), 10 (Third-Party Services, Materials, and Advertising), 13 (Indemnification), 19 (General), and any future sections related to app marketplaces or specific content partnerships, no third parties, including our affiliates, are intended beneficiaries of these Terms.

19.7 Force Majeure

Any delay in fulfilling obligations under these Terms (other than payment obligations) will not be deemed a breach if caused by events beyond the control of the affected party, such as labor disputes, material shortages, fires, earthquakes, epidemics, floods, acts of terrorism, or other unforeseen circumstances.

20. Contact Us

For any questions, concerns, or feedback regarding these Terms or the Zoombo app, please contact Zoombo Technology Limited exclusively by email at contact@zoombo.ai. We are committed to addressing all inquiries and will respond as promptly as possible.