Terms of Service

Effective Date: 04th December, 2024

Last Updated on: 15th April, 2024

These Terms of Service (“Terms”) describe the terms under which Zipstack, Inc. d/b/a Unstract (“We”, “Our” “Us”) provides access to and use of Our Service(s) to an entity who purchases Our Service(s) or creates an Account with Us along with their Users (“You”, “Your”, “Yourself”). By accessing and/or using Our Service(s), You agree to be bound by these Terms and acknowledge having read the privacy notice located at (“ Privacy Notice”).

You must be at least eighteen (18) years old or of the age of majority in your jurisdiction to access and use Our Service(s). If you do not meet this requirement, you should not use Our Service(s).

You and Us will be referred to as “Party” and collectively as “Parties”.

1. DEFINITIONS

The following terms, when used in these Terms, have the meanings outlined below:

• Account: means any accounts created by You for access and use of the Service(s).
• API: refers to the application programming interfaces developed by Us for access to specific functionalities of the Service(s).
• Confidential Information: includes all information disclosed between the Parties that is labeled “confidential” or should reasonably be understood as confidential.
• Customer Data: includes all electronic data submitted to the Services by You or integrated with Third-party Services, including personal data of Users.
• Documentation: refers to any written or electronic documentation specifying the functionalities of the Service(s).
• Order Form: means any service order form specifying the Service(s) and Subscription Term.
• Personal Data: refers to data related to a living individual who can be identified from the data.
• Processing/To Process: encompasses any operation performed on Personal Data.
• Service(s): refers to the platform and products offered by Us.
• User: means designated users of the Service(s).
• Website(s): refers to the websites operated by Us, including unstract.com and zipstack.com.

2. YOUR RIGHTS AND RESPONSIBILITIES

2.1 Subject to compliance with these Terms, during the Subscription Term, you shall have the right to access and use the Service(s) for internal business purposes.

2.2 Acceptable Use: You agree not to:

• License, sublicense, or make the Service(s) available to any third party other than Users;
• Modify or hack the Service(s);
• Use the Service(s) to store Sensitive Personal Information;
• Access for purposes of creating derivative works or develop competing products;
• Use the Service(s) to store unlawful content or viruses;
• Engage in activities that disrupt access or security of the Service(s).

2.5 You represent that you are free to enter into these Terms and does not violate any agreements you may have.

3. SERVICE(S)

3.1 You may request a demo or trial of Our Service(s). The Trial Period is subject to these Terms. Any submitted Customer Data during the trial grants Us a license for use.

3.2 As a paid Customer, we do not store Customer Data except for specific instances as outlined.

3.4 Scheduled downtime for maintenance may occur with prior notification.

4. THIRD PARTY SERVICES

4.1 You acknowledge that use of Third-party Services is subject to their terms. We are not liable for such services.

4.2 You authorize Us to access data from Third-party Services as necessary.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All rights to Intellectual Property Rights related to the Service(s) belong exclusively to Us.

5.2 You own the rights to Customer Data you provide but grant Us a license for its use in providing the Service(s).

6. CHARGES AND PAYMENT

6.1 Fees are based on the services subscribed as specified in the Order Form.

6.2 Subscriptions auto-renew unless terminated.

6.4 Fees are non-refundable unless specified.

6.5 Late payments may result in access suspension.

7. CONFIDENTIALITY; DATA PRIVACY AND SECURITY

7.1 You must treat user identification codes and passwords as confidential.

7.3 We process Personal Data only on your behalf.

8. TERM, TERMINATION, AND SUSPENSION

8.1 The Subscription Term is specified in the Order Form.

8.2 You can cancel your Account at any time.

8.3 We may suspend your access for violations, giving you time to correct any issues.

9. WARRANTIES

9.1 We warrant that the Service(s) will perform in all material aspects as stated.

10. LIMITATION OF LIABILITY

10.1 We are not liable for indirect or consequential damages.

11. INDEMNIFICATION

11.1 You will indemnify Us against claims arising from your use of the Service(s).

12. MISCELLANEOUS

12.1 These Terms may be amended with notice.

ON-PREM SERVICE(S) SPECIFIC TERMS

Definitions

• “Source and Target Systems” means the permitted computer hardware systems to use on-prem Service(s).
• “System Data” means data derived from usage of the Service(s).

Responsibilities: You are responsible for the security of your environment relating to the on-prem Service(s).

End Users: You shall not grant any third parties access to the on-premise Service(s).