Terms of Service

1. Agreement to Terms

By accessing or using Zapyon's AI employee platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms incorporate by reference our Privacy Policy and Refund Policy.

2. Description of Service

Zapyon provides an AI-powered operating system for business operations that enables automated customer conversations, workflow execution, CRM management, calendar booking, and integration with third-party business applications across multiple communication channels including WhatsApp, Instagram, Telegram, Email, SMS, Web Widget, and Facebook Messenger.

3. Merchant of Record and Payment Processing

Paddle as Merchant of Record: All payments for Zapyon subscriptions are processed by Paddle.com (Paddle Payments Ltd., Paddle.com Market Ltd., or Paddle.com Inc., depending on your location), who acts as our authorized reseller and Merchant of Record.

When you subscribe to Zapyon, you are purchasing the Service from Paddle, not directly from Zapyon. Paddle is responsible for:

• Processing all payments and subscriptions
• Handling all refunds and chargebacks
• Collecting and remitting sales tax, VAT, and GST
• Providing first-tier billing and payment support
• Compliance with payment card industry (PCI) standards

Your payment relationship is governed by Paddle's Master Services Agreement and Buyer Terms, available at paddle.com/legal.

4. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Be at least 18 years old or the age of majority in your jurisdiction
• Not have been previously suspended or removed from the Service
• Comply with Paddle's Acceptable Use Policy available at paddle.com/support/aup

5. Pricing and Payment Terms

Subscription Plans: Zapyon offers multiple subscription tiers: Starter ($19/month), Professional ($99/month), and Enterprise ($299/month). Annual billing is available with discounted rates.

Usage-Based Billing: All plans include specific limits on AI messages and tool executions. Usage beyond plan limits may result in overage charges or service interruption.

Payment Processing: All payments are processed securely through Paddle. By subscribing, you authorize Paddle to charge your payment method on a recurring basis. Paddle will charge your selected payment method (credit card, PayPal, bank transfer, or alternative payment method) according to your billing cycle.

Sales Tax and VAT: Paddle automatically calculates and collects applicable sales tax, VAT, GST, or other applicable taxes based on your location. Prices displayed may not include these taxes.

Free Trial: New users may receive a free trial period. You will not be charged until the trial period ends. Cancel anytime during the trial to avoid charges.

Price Changes: Zapyon reserves the right to modify pricing with 30 days' notice. Existing subscribers will be grandfathered at their current rate for one billing cycle.

6. Refunds and Cancellation

14-Day Money-Back Guarantee: We offer a 14-day money-back guarantee for all new subscriptions. If you are not satisfied with Zapyon, you may request a full refund within 14 days of your initial subscription purchase.

All refund requests must be submitted to Paddle, our Merchant of Record, by contacting support@zapyon.com or refunds@zapyon.com. Paddle will process approved refunds within 5-10 business days to your original payment method.

For complete refund terms, eligibility requirements, and exclusions, please see our Refund Policy.

Subscription Cancellation: You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellations take effect at the end of your current billing period. No partial refunds are provided for the remaining time in the billing cycle.

7. Account Termination

Your Rights: You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of your current billing period.

Our Rights: We reserve the right to suspend or terminate your account immediately if you:

• Violate these Terms of Service or Paddle's Acceptable Use Policy
• Engage in fraudulent activity or payment disputes/chargebacks
• Use the Service for illegal purposes or prohibited categories
• Abuse or overload our systems
• Violate third-party terms (WhatsApp, Instagram, etc.)
• Have excessive chargeback rates or refund rates as determined by Paddle

Paddle may also suspend or terminate your account if requested by payment processors or card networks, or if you appear on fraud monitoring lists (such as the Mastercard MATCH list).

8. Acceptable Use Policy

You must comply with Paddle's Acceptable Use Policy (paddle.com/support/aup). You agree not to use the Service to:

• Send spam, unsolicited messages, or violate anti-spam laws (CAN-SPAM, GDPR, CASL)
• Violate any third-party platform policies (WhatsApp Business Policy, Meta Platform Terms, etc.)
• Engage in fraudulent, deceptive, or illegal activities
• Conduct outbound telemarketing
• Harass, abuse, or harm others, or promote violence
• Sell physical products or products requiring physical delivery
• Sell products that infringe on copyrights, trademarks, or intellectual property
• Provide adult content, gambling services, or age-restricted content
• Offer financial services, investment advice, or trading platforms
• Operate digital marketplaces or enable third-party sales
• Transmit viruses, malware, or malicious code
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without authorization
• Scrape, crawl, or collect data from the Service

Violation of the Acceptable Use Policy may result in immediate account suspension or termination without refund.

9. Data and Privacy

Your use of the Service is subject to our Privacy Policy. By using Zapyon, you consent to our collection, use, and disclosure of your data as described in our Privacy Policy.

Customer Data: You retain all rights to your customer data. We store and process your data solely to provide the Service. You are responsible for obtaining necessary consents from your customers.

Paddle Data Sharing: As our payment processor and Merchant of Record, Paddle collects and processes certain data necessary for billing, payment processing, tax compliance, and fraud prevention. Your data relationship with Paddle is governed by Paddle's Privacy Policy at paddle.com/privacy.

10. Third-Party Integrations

Zapyon integrates with third-party services (WhatsApp, Instagram, HubSpot, Stripe, etc.). Your use of these integrations is subject to the respective third-party terms and policies. We are not responsible for:

• Changes or interruptions to third-party services
• Third-party service failures or downtime
• Violations of third-party terms by you
• Data loss or issues caused by third-party services

11. Intellectual Property

The Service, including all software, algorithms, AI models, designs, text, graphics, and trademarks, is owned by Zapyon and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service solely for your business operations. This license terminates when your subscription ends.

12. AI-Generated Content

Zapyon's AI employee generates responses and executes actions on your behalf. You are solely responsible for:

• Reviewing and monitoring AI-generated content
• Ensuring AI responses comply with applicable laws
• Correcting inaccurate or inappropriate AI outputs
• Maintaining human oversight where required by law

We provide tools for transparency and human handover, but ultimate responsibility for your business operations remains with you.

13. Service Availability and Uptime

While we strive for 99.9% uptime, we do not guarantee uninterrupted access to the Service. We are not liable for:

• Scheduled maintenance windows
• Third-party service outages
• Force majeure events
• DDoS attacks or security incidents

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPYON SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• AI errors, inaccuracies, or inappropriate responses
• Third-party platform violations or suspensions

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

15. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

16. Indemnification

You agree to indemnify and hold harmless Zapyon from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of third-party rights or policies
• Your use of the Service or AI-generated content
• Your customer data or business practices

17. Governing Law and Disputes

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except you may bring claims in small claims court if they qualify.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

19. Contact Information

For questions about these Terms, contact us at:

Email: legal@zapyon.com
Website: https://zapyon.com