1.Agreement to these Terms
These Terms of Service (the "Terms") are a binding agreement between you and Cuanto Labs LLC, a Florida limited liability company ("Cuanto Labs LLC", "we", "us" or "our"). They govern your access to and use of Zmanim, including our website at https://zmanym.com, our web application at https://app.zmanym.com, our mobile applications and any related services we provide (together, the "Service").
You accept these Terms when you create an account, click to accept them, or use the Service. If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other organization, "you" means that organization, and you confirm that you are authorized to bind it to these Terms. If your organization has signed a separate written agreement with us covering the Service, that agreement controls to the extent it conflicts with these Terms.
These Terms incorporate our Acceptable Use Policy, our Refund and Cancellation Policy and, for business customers, our Data Processing Addendum. Our Privacy Policy explains how we handle personal information.
Important: Section 24 (Arbitration and class action waiver) requires you and us to resolve most disputes through final, binding, individual arbitration instead of in court, and waives the right to bring or take part in a class action or jury trial. You can opt out within 30 days of first accepting these Terms, as explained in that section.
The "In short" boxes in our legal documents are plain-language summaries for convenience. They are not part of these Terms and do not change or limit them.
2.Who can use the Service
To use the Service, you must:
- be at least 13 years old, and if you are under 18 (or the age of majority where you live), have a parent or legal guardian who agrees to these Terms on your behalf;
- not be located in a country or region subject to comprehensive U.S. sanctions, and not be named on any U.S. government list of prohibited or restricted parties;
- not have been previously suspended or removed from the Service for violating these Terms; and
- comply with these Terms and all laws that apply to your use of the Service.
The Service is not directed to children under 13, and we do not knowingly allow them to create accounts.
3.Your account
You must give us accurate, complete information when you register and keep it up to date. You are responsible for keeping your password and other credentials confidential, and for all activity that occurs under your account. Each login is for one person; do not share credentials. We strongly recommend enabling multi-factor authentication where it is offered.
Tell us promptly at support@zmanym.com if you believe your account has been accessed without your permission. We are not liable for losses caused by unauthorized use of your account that results from your failure to keep your credentials secure.
Workspaces and teams
The person or organization that creates or pays for a workspace (the "Workspace Owner") controls it. Workspace Owners and the administrators they appoint can invite and remove members, change roles and permissions, and access, export or delete content in the workspace. If you join a workspace managed by someone else, they can see and manage the content you add to it, and their own policies may also apply to you. The Workspace Owner is responsible for the activity of its members.
4.Using the Service
Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service for your own personal or internal business purposes.
Restrictions
You will not, and will not help or allow anyone else to:
- copy, modify or create derivative works of the Service, except as these Terms expressly allow;
- reverse engineer, decompile or disassemble the Service, or try to discover its source code, except to the extent applicable law expressly permits despite this restriction;
- sell, resell, rent, lease, sublicense or otherwise provide the Service to third parties;
- access the Service to build a competing product, or to copy its features, design or content for that purpose;
- bypass or interfere with usage limits, access controls, security features or other technical protections;
- access the Service by automated means (bots, scrapers, crawlers);
- remove or obscure any proprietary notices in the Service; or
- use the Service in breach of our Acceptable Use Policy or any applicable law.
Changes to the Service
We continuously improve the Service, so features change over time. We may add, change or remove features. If we remove a material feature you have paid for and do not offer a reasonable substitute, you may cancel and we will refund any prepaid fees for the remainder of your billing period.
Beta features
Features labelled "beta", "preview", "early access" or similar are offered as they are, may change or be withdrawn at any time, and are excluded from any service-level commitments.
Availability
We work hard to keep the Service available, but we do not promise uninterrupted access. The Service may be unavailable during planned maintenance, which we try to schedule at low-traffic times, or because of events outside our reasonable control. Service-level commitments apply only if they are set out in a separate written agreement.
5.Halachic times are calculated approximations
Zmanim shows candle lighting, Shabbat and holiday times, daily zmanim, the Hebrew calendar and related information (together, "Times"). Times are computed by software from astronomical formulas, the open source Hebcal calendar library, the location you choose or your device reports, and public time zone and geographic data. They are approximations. Their accuracy depends on, among other things, how precisely your location is known, elevation and the surrounding terrain, atmospheric conditions, daylight saving and time zone rules, the clock on your device, and errors in source data or in our software.
Halachic authorities differ on how many Times are defined and calculated, for example the number of minutes before sunset for candle lighting, the end of Shabbat, the start of dawn, or the method for the latest time for Shema. Zmanim follows common opinions and, where the app offers a choice, the opinion you select. A shul may also publish its own Times on its Zmanim page. We do not decide which opinion is correct for you or your community.
Times are provided for general information and convenience only. They are not a halachic ruling (psak) and are not religious advice. Consult your rabbi about which opinions and customs to follow, and about any question of practice. Build in a reasonable margin of safety, especially near the start or end of Shabbat or a holiday, near any deadline for a mitzvah, or at extreme latitudes, where calculations are least reliable. If a Time looks wrong, please tell us at support@zmanym.com with the location and date.
To the maximum extent permitted by law, we do not warrant that any Time is accurate, complete or suitable for your observance, and we are not liable for any loss, harm or consequence, religious, financial or otherwise, arising from your reliance on a Time, including a Time published by a shul. This is part of the disclaimers and limits in Section 20 (Disclaimers) and Section 21 (Limitation of liability).
6.Reminders and notifications
Zmanim can remind you of Times by notifications scheduled on your phone, by web push notifications in your browser, and by email. Delivery depends on systems we do not control, including your device's operating system, its notification, Focus, Do Not Disturb and battery settings, your browser and its push service, your email provider and spam filters, network connectivity, and whether your device is on and set to the correct time and time zone. Reminders scheduled on your device are based on the location and settings the app had when it scheduled them, so they may not update until you open the app after traveling or changing a setting.
We do not guarantee that any reminder will be delivered, delivered on time, or delivered at all. Treat reminders as a convenience and not as your only way of knowing when Shabbat, a holiday or a zman begins or ends. You can turn reminders off at any time in the app, in your device or browser settings, or with the unsubscribe link in any reminder email.
7.Your content
"Customer Content" means the data, files, text, images and other material that you or users of your account submit to the Service. As between you and us, you own your Customer Content. We do not claim ownership of it.
You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display and process Customer Content only as needed to provide, secure and support the Service, to follow your instructions, and to comply with the law. This license ends when the Customer Content is deleted from the Service, except for copies held in backups for a limited period, as described in our Privacy Policy.
Your responsibilities
You are responsible for your Customer Content and for having all rights, licenses, consents and notices needed to submit it to the Service and let us process it under these Terms. That includes giving any privacy notices and obtaining any consents required by law from people whose personal information you upload. Although we back up the Service, you should keep your own copies of content that matters to you.
Sensitive information
Unless the Service is expressly designed for it, do not upload protected health information subject to HIPAA, payment card numbers outside our checkout, government identification numbers, or other categories of sensitive personal information. We are not a "business associate" under HIPAA and do not sign business associate agreements unless we agree to in writing.
Usage data
We collect information about how the Service is used and performs ("Usage Data"), such as feature usage, error logs and performance metrics. We use Usage Data to operate, secure and improve the Service. We may also create aggregated or de-identified data that does not identify you, your users or any individual, and use it for any lawful purpose. We will not attempt to re-identify de-identified data. Usage Data does not include the contents of your Customer Content.
8.Content you share with others
Some features let you publish content that other users or the public can see. When you do, you grant us and the users who can access it a non-exclusive, royalty-free license to view, display and share that content within the Service, in line with your settings, for as long as it remains published. Public content may be indexed by search engines and copied by others, and we cannot fully control that once it is published.
We do not review content before it is published and are not responsible for content posted by other users. We may review, restrict or remove content, and restrict accounts, when we reasonably believe it violates these Terms, our Acceptable Use Policy or the law, or when we are required to do so.
When we remove your content or restrict your account, we will tell you what we did and why, unless the law prohibits it or doing so would create a risk of harm. You can ask us to reconsider by replying to that notice or writing to support@zmanym.com. To report content, use the in-product reporting tools or email the same address.
9.Shul pages and dashboards
A synagogue or other community organization (a "shul") can create a Zmanim account to run a public page and dashboard. Shul administrators (such as a gabbai, rabbi or office manager) can publish Times, davening schedules, announcements, a rabbi's message, a logo and other branding, can invite reminder subscribers, and can hand out member codes that unlock Zmanim Pro for their members.
If you set up or manage a shul account, you agree on the shul's behalf that:
- you are authorized by the shul to act for it and to accept these Terms for it;
- the shul is solely responsible for everything it publishes, including the accuracy of its Times and schedules, and for having the rights to its logos, images and text;
- the shul will add people to its reminder lists only with their permission, will honor every unsubscribe request, and will use any member information only for the shul's own community purposes and in line with applicable law;
- the shul will keep administrator access limited to people it trusts and will remove access when someone leaves their role; and
- member codes are for the shul's members, may be revoked, and may not be sold or published openly.
Times and announcements on a shul page come from that shul, not from us, and we do not review them before they are published. Questions about them should go to the shul. We may remove content or suspend a shul page under Section 8 (Content you share with others) and Section 19 (Suspension and termination).
When we store and process information about a shul's members and subscribers, we do so for the shul and on its instructions, as described in our Privacy Policy and Data Processing Addendum.
10.Fees, billing and automatic renewal
Paid plans and their prices are described on our pricing page and at checkout. Unless stated otherwise, prices are in U.S. dollars and exclude taxes. Fees are billed in advance on a monthly or annual basis, according to the plan you choose.
Automatic renewal
Your subscription renews automatically at the end of each billing period for another period of the same length, at the price in effect at renewal, until you cancel. By subscribing, you authorize us to charge the payment method on file, through our payment processor Stripe, at the start of each billing period. You can cancel at any time, online and without contacting us, in Settings > Billing. Cancellation takes effect at the end of the current billing period, and you keep access to paid features until then. For annual plans, we email you a reminder at least 30 days before renewal, with the renewal date, the price and how to cancel.
Price changes
We may change our prices. We will give you at least 30 days' notice before a price increase applies to your subscription, and the new price will take effect at your next renewal. If you do not want to pay the new price, you can cancel before it takes effect.
Upgrades and downgrades
Upgrades and added seats take effect immediately, and we charge a prorated amount for the rest of the current billing period. Downgrades take effect at the start of the next billing period.
Taxes
You are responsible for taxes associated with your purchase, other than taxes on our income. Where we are required to collect sales tax, VAT, GST or similar taxes, we will add them to your invoice. If you are a business, you can provide a valid tax identification number to apply any available exemption or reverse charge.
Payment processing
Payments are processed by Stripe. We do not store full payment card numbers. Your payment information is subject to Stripe's terms and privacy policy. You authorize us and Stripe to obtain updated card details from your card issuer to avoid interruptions.
Failed payments
If a payment fails, we will notify you and retry. If the amount is still unpaid 14 days after our notice, we may downgrade your account or suspend paid features until payment is made. We will not delete your Customer Content because of a failed payment without further notice.
Refunds and billing disputes
Refunds are governed by our Refund and Cancellation Policy. If you think we charged you in error, contact us at support@zmanym.com within 60 days of the charge so we can put it right. Nothing in these Terms limits any refund right you have under applicable law.
11.Mobile apps
We grant you a limited, non-transferable license to install and use our mobile apps on devices you own or control, for use with the Service. Some features may require you to install updates. Purchases made through an app store are billed by that store and subject to its refund rules.
Apps downloaded from the Apple App Store
If you download our app from the Apple App Store, you and we also agree that:
- these Terms are between you and us only, not Apple, and we, not Apple, are responsible for the app;
- your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
- Apple has no obligation to provide maintenance or support for the app;
- if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
- Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims;
- Apple is not responsible for investigating, defending, settling or discharging any third-party claim that the app infringes intellectual property rights;
- you confirm that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and are not on any U.S. list of prohibited or restricted parties;
- you must comply with any third-party terms that apply when using the app; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you download our app from Google Play, the Google Play Terms of Service also apply to your download and use of the app.
12.App Store and Google Play terms
This section supplements Section 11 (Mobile apps) and applies to the Zmanim apps for iPhone, iPad and Apple Watch distributed through the Apple App Store, and for Android devices distributed through Google Play (each an "App Store").
- License. Your license to use an app is the limited license in Section 11 (Mobile apps). If you downloaded the app from the Apple App Store, your use must also comply with the Usage Rules in the Apple Media Services Terms and Conditions, and, where Apple's Licensed Application End User License Agreement applies to the app, it applies together with these Terms.
- Price and features. The apps are free to download. Some features (Zmanim Pro) are unlocked with a member code provided by a participating shul. We do not sell anything inside the apps through Apple or Google in-app purchase.
- Maintenance and support. We, not Apple or Google, are solely responsible for maintaining and supporting the apps. Contact us at support@zmanym.com for help.
- Product claims. We, not Apple or Google, are responsible for addressing any claim by you or a third party relating to the apps or your possession or use of them, including product liability claims, claims that an app fails to conform to a legal or regulatory requirement, claims under consumer protection, privacy or similar laws, and claims that an app or your use of it infringes a third party's intellectual property rights.
- Questions and complaints. Send any question, complaint or claim about the apps to Cuanto Labs LLC, 1314 E Las Olas Blvd, Unit #2570, Fort Lauderdale, FL 33301, USA, or support@zmanym.com.
- Google Play. If you downloaded the app from Google Play, these Terms are between you and us only, Google is not responsible for the app or its content, and the Google Play Terms of Service also apply. If these Terms conflict with the Google Play Terms of Service as to your use of Google Play, the Google Play Terms of Service control for that purpose.
- Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
13.Third-party services
The Service may let you connect or use products and services provided by others ("Third-Party Services"). Your use of a Third-Party Service is governed by your agreement with its provider. When you enable one, you direct us to exchange data with it as needed for the integration to work. We are not responsible for Third-Party Services, and we may stop supporting an integration if the provider changes or withdraws it.
14.Feedback
If you send us suggestions, ideas or other feedback about the Service, we may use them without restriction or obligation to you. Feedback does not give us any rights in your Customer Content.
15.Our intellectual property
The Service, including its software, design, text, graphics and the Zmanim name and logos, is owned by Cuanto Labs LLC or its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights. You may not use our trademarks without our prior written permission. Open-source components included in the Service are licensed under their own terms, which control where they apply.
16.Confidentiality
"Confidential Information" means non-public information that one party discloses to the other in connection with the Service and that is marked confidential or would reasonably be understood to be confidential. Your Customer Content is your Confidential Information. Each party will use the other's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with its personnel, contractors and advisers who need to know it and are bound by similar obligations.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed without use of the other party's information, or is lawfully received from a third party without a duty of confidentiality. A party may disclose Confidential Information when required by law, after giving the other party reasonable advance notice where the law allows.
17.Privacy and data protection
Our Privacy Policy describes how we collect, use and share personal information. We maintain administrative, technical and physical safeguards designed to protect the Service and Customer Content, as described there.
Where we process personal information on behalf of a business customer, we act as that customer's processor or service provider, and our Data Processing Addendum forms part of these Terms without the need for a signature.
18.Copyright complaints
We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, as described in our Copyright Policy. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.
19.Suspension and termination
You may stop using the Service and close your account at any time from your account settings or by contacting support@zmanym.com. Paid subscriptions are cancelled as described in Section 10 (Fees, billing and automatic renewal).
We may suspend or terminate your access to all or part of the Service if:
- you materially breach these Terms, including the Acceptable Use Policy, and, where the breach can be fixed, you do not fix it within 30 days of our notice;
- fees remain unpaid as described above;
- we are required to do so by law or by a court or government authority; or
- your use creates a security risk, threatens the integrity or availability of the Service, or could expose us, other users or anyone else to harm or legal liability.
Where reasonable, we will give you advance notice and a chance to resolve the issue. We may act immediately for serious violations, legal requirements, or to prevent harm. If we discontinue the Service as a whole, we will give you at least 60 days' notice and refund any prepaid fees for the period after it ends.
What happens when access ends
Your right to use the Service ends. For 30 days afterwards you may export your Customer Content (unless we terminated your access because of illegal content or to prevent harm), after which we delete it in line with our Privacy Policy. Sections that by their nature should continue, including those on fees owed, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution, survive termination.
20.Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that content will not be lost.
Nothing in the Service is legal, financial, medical, tax or other professional advice, even when it touches on those subjects.
Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. If you are a consumer, nothing in these Terms affects rights you have under consumer protection law that cannot be waived or limited by contract.
21.Limitation of liability
To the maximum extent permitted by law, in no event will CUANTO LABS LLC, its affiliates, or their officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, or the cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the total liability of CUANTO LABS LLC and its affiliates for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the liability and (b) 100 U.S. dollars.
These limitations apply even if a limited remedy fails of its essential purpose. They do not limit liability for fraud, gross negligence or willful misconduct, for death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law. The fees for the Service reflect this allocation of risk.
22.Indemnification
You will defend, indemnify and hold harmless Cuanto Labs LLC, its affiliates, and their officers, directors, employees and agents from and against any third-party claims, and related losses, damages, liabilities, costs and reasonable attorneys' fees, arising out of: (a) your Customer Content; (b) your use of the Service in breach of these Terms or applicable law; (c) your violation of any third party's rights.
We will promptly notify you of the claim, let you control its defense and settlement, and give reasonable cooperation at your expense. You may not settle a claim in a way that imposes obligations on us or admits fault on our behalf without our prior written consent. We may take part in the defense with our own counsel at our own cost. If you are a consumer, this section applies only to the extent permitted by the law where you live.
23.Informal dispute resolution
Most concerns can be resolved quickly by contacting us at support@zmanym.com. Before either of us starts an arbitration or court proceeding, the party bringing the claim must send the other a written notice of dispute describing the claim and the relief sought, with the sender's name, contact details and, for you, the email address on your account. Send your notice to support@zmanym.com with a copy by mail to Cuanto Labs LLC, Attn: Legal, 1314 E Las Olas Blvd, Unit #2570, Fort Lauderdale, FL 33301, USA. We will send ours to the email address on your account.
We will both try in good faith to resolve the dispute for 60 days after the notice is received, including, if either of us asks, by an individual telephone or video conference. Any limitation period is paused while we do so. This step is a condition of starting a proceeding, except for claims for urgent injunctive relief.
24.Arbitration and class action waiver
Please read this section carefully. It affects your legal rights.
Agreement to arbitrate
Except as described below, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute or any other legal theory (a "Dispute"), will be resolved by final and binding individual arbitration. The arbitrator decides all questions about the arbitrability of a Dispute and the scope and enforceability of this section, except that a court decides questions about the class action waiver and the batching procedure below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Exceptions
Either of us may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) seek an injunction in court to stop the infringement or misuse of intellectual property. Nothing here prevents you from bringing an issue to the attention of a government agency.
Rules and procedure
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual using the Service for personal purposes, and otherwise under its Commercial Arbitration Rules, as modified by this section. The rules are available at adr.org. A single arbitrator will decide the Dispute. If you are an individual, the hearing will take place in the county where you live or, if you prefer, by video conference; otherwise it will take place in Broward County, Florida. Claims of $25,000 or less may be decided on written submissions alone unless the arbitrator decides a hearing is needed. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party's individual claim.
Costs
Payment of filing, administration and arbitrator fees is governed by the applicable rules. If you are an individual and your claim is not frivolous, we will pay any of those fees that exceed what you would have paid to file a claim in court. Each party bears its own attorneys' fees unless the law or the rules provide otherwise.
Class action and jury trial waiver
You and we each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Unless you and we both agree, an arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. You and we each waive the right to a trial by jury.
If a court decides that this class action waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that claim or request will be severed and decided by a court in the venue set out in the governing law section, after the individual claims have been arbitrated. Everything else in this section continues to apply.
Mass filings
If 25 or more demands for arbitration raising similar claims are filed against us, or by us, by the same or coordinated counsel, they will be administered in batches of up to 25 demands, with one arbitrator per batch, and under the provider's mass arbitration rules where they exist. Limitation periods are paused for demands waiting to be administered. A court in the venue set out in the governing law section may enforce this paragraph.
Your right to opt out
You may opt out of this agreement to arbitrate by emailing support@zmanym.com within 30 days after you first accept these Terms. Include your name, the email address on your account and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms, and if you opted out of a previous version of this section, that choice still applies.
Changes to this section
If we make a material change to this section, you may reject it by emailing support@zmanym.com within 30 days of the change taking effect. If you do, the most recent version of this section that you accepted will continue to apply to Disputes between us.
25.Governing law and venue
These Terms and any Dispute are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration section. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any Dispute that is not subject to arbitration, or for which you have opted out of arbitration, will be brought exclusively in the state or federal courts located in Broward County, Florida, and you and we consent to the personal jurisdiction of those courts. Either of us may still bring a qualifying individual claim in small claims court.
If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you the right to bring proceedings in your local courts or to rely on mandatory local consumer protections, nothing in these Terms takes those rights away.
26.Export controls and sanctions
The Service is subject to U.S. export control and economic sanctions laws. You will not access, use, export or re-export the Service in violation of those laws, including from a country or region subject to comprehensive U.S. sanctions or by or for a person on a U.S. government restricted party list.
27.Changes to these Terms
We may update these Terms from time to time. If a change is material, we will notify you by email or in the Service at least 30 days before it takes effect, and we will update the "Last updated" date above. Changes that are not material, or that are required by law, may take effect when posted. Previous versions are listed on our legal center.
If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and close your account before then. If a material change takes effect during a prepaid subscription term and you do not accept it, you can cancel and we will refund the unused portion of your prepaid fees.
28.General terms
- Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us about the Service and replace any prior agreements on the subject. If there is a conflict, a signed order form or agreement controls first, then the Data Processing Addendum (for personal data), then these Terms, then our other policies.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets, with notice to you.
- Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, government action, or failures of internet, utility or hosting providers. This does not excuse payment obligations.
- Relationship. We are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency or employment relationship.
- No third-party beneficiaries. These Terms do not give rights to any third party, except Apple as described in the section on mobile apps.
- Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.
- Notices and electronic communications. We may send notices to the email address on your account or within the Service. You agree to receive communications from us electronically and that they satisfy any legal requirement that they be in writing. Legal notices to us must be sent to support@zmanym.com.
- Interpretation. Headings and "In short" summaries are for convenience only. "Including" means "including without limitation". If we provide a translation of these Terms, the English version controls.
29.Contact us
Questions about these Terms can be sent to support@zmanym.com. For help with the Service, contact support@zmanym.com. Our postal address is Cuanto Labs LLC, 1314 E Las Olas Blvd, Unit #2570, Fort Lauderdale, FL 33301, USA.
California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.