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LEGAL

Terms and Conditions

Please read these terms carefully before using the ZitBoard platform and services.

Table of Contents

These Terms and Conditions ("Terms") constitute a legal agreement between you and ZitBoard Technologies Inc. ("ZitBoard," "we," "us," or "our"), governing your access to and use of the ZitBoard platform, websites, applications, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

1. Definitions

"Service" means the ZitBoard platform and all related features, including but not limited to: sales CRM workflow tools, hiring pipeline management, predictive analytics dashboards, automation capabilities, third-party integrations, APIs, webhooks, and associated website functionality.

"Account" means a registered user profile created to access and use the Service.

"Customer Data" means all data, content, files, records, and materials submitted to the Service by you or on your behalf, including personal information of your employees, candidates, and customers.

"Subscription" means a paid plan providing access to Service features for a recurring billing term.

"User" means any individual who accesses or uses the Service under your Account, including employees, contractors, and authorized representatives.

2. Eligibility and Authority

2.1 Age and Capacity

You must be at least 18 years old, or the age of majority in your jurisdiction, and possess the legal capacity to enter into binding agreements.

2.2 Organizational Use

If you register for or use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. In such cases, "you" refers to both the individual user and the entity they represent.

2.3 Prohibited Users

You may not use the Service if you are located in, or a national or resident of, any country subject to applicable trade sanctions or embargoes.

3. The Service

3.1 Service Description

ZitBoard provides a multi-tenant software-as-a-service platform designed for business use, offering integrated workflows for:

  • Sales CRM and Pipeline Management: Lead tracking, deal management, forecasting, and sales analytics.
  • Hiring Pipeline and Candidate Workflow: Applicant tracking, interview scheduling, candidate scoring, and recruitment analytics.
  • Business Intelligence and Analytics: Dashboard views, predictive AI scoring, reporting, and data visualization.
  • Automation and Workflow Engine: Trigger-based actions, email automation, task assignment, and process orchestration.
  • Integrations and Connectivity: Native and API-based connections to third-party CRM, HRIS, communication, and productivity tools.

3.2 Service Evolution

We continuously improve the Service and may update, modify, or discontinue features from time to time. We will use commercially reasonable efforts to provide notice of material changes that significantly affect your use of the Service.

3.3 Service Availability

While we strive for 100% uptime, the Service may occasionally be unavailable for maintenance, updates, or factors beyond our control. We do not guarantee uninterrupted access to the Service.

4. Accounts and Security

4.1 Account Registration

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information throughout your use of the Service.

4.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials, including passwords and API keys.
  • All activity that occurs under your Account, whether authorized by you or not.
  • Ensuring all Users under your Account comply with these Terms.
  • Promptly notifying us of any unauthorized access, security breach, or suspicious activity at security@zitboard.dev.

4.3 Multi-Factor Authentication

We may require or recommend multi-factor authentication (MFA) for certain accounts or features to enhance security. You agree to comply with all security measures we implement.

4.4 Account Ownership

Accounts are non-transferable without our prior written consent. The entity that created the Account retains ownership of the Account and all associated Customer Data.

5. Acceptable Use

5.1 Permitted Use

You may use the Service solely for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

5.2 Prohibited Conduct

You expressly agree NOT to:

  • Violate Laws: Use the Service in violation of any applicable local, state, national, or international law, regulation, or governmental order.
  • Disrupt Service: Interfere with or disrupt the Service, servers, networks, or systems connected to the Service.
  • Unauthorized Access: Attempt to gain unauthorized access to other accounts, systems, or data.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service.
  • Harmful Content: Use the Service to store, transmit, or process unlawful, infringing, fraudulent, defamatory, obscene, abusive, or harmful content.
  • Competitive Intelligence: Use the Service to build a competing product or service by copying core functionality or workflows.
  • Circumvent Limits: Circumvent plan limits, user limits, storage quotas, rate limits, or any technical restrictions.
  • Data Scraping: Systematically extract data from the Service without our express written consent.
  • Impersonation: Impersonate any person or entity, or falsely state your affiliation with any person or entity.

5.3 Enforcement

We reserve the right to investigate suspected violations of these Terms and may suspend or terminate access immediately if we reasonably believe you have violated these Acceptable Use provisions.

6. Subscriptions, Billing, and Payments

6.1 Available Plans

ZitBoard offers multiple subscription tiers, which may include Free, Starter, Pro, and Enterprise plans. Each plan has specific features, usage limits, and pricing as described on our Pricing page.

6.2 Billing Terms

  • Payment Schedule: Paid subscriptions are billed in advance on a recurring basis (monthly or annual).
  • Payment Authorization: By providing payment information, you authorize us to charge your payment method for all fees, taxes, and authorized overages.
  • Currency: All fees are quoted and payable in United States Dollars (USD) unless otherwise agreed in writing.
  • Taxes: You are responsible for all applicable taxes, duties, and governmental charges related to your use of the Service.

6.3 Refund Policy

Unless required by applicable law: subscription fees are non-cancelable for the current billing period; amounts paid are generally non-refundable.

6.4 Plan Changes

Upgrades: Take effect immediately with prorated charges. Downgrades: Take effect at the start of the next billing period.

6.5 Pricing Changes

For material pricing increases, we will provide at least 30 days' advance notice through the Service, email, or posting updated terms.

6.6 Failed Payments

If payment fails, we may suspend or terminate your access to paid features. You remain responsible for all accrued charges.

7. Trials and Beta Features

7.1 Free Trials

Trials are provided "as is" without warranties and may be limited in duration, features, or data capacity. At trial expiration, you must subscribe to continue using paid features.

7.2 Beta Features

Beta features are experimental, may contain bugs, and may be changed or discontinued at any time without notice. You use beta features at your own risk.

8. Third-Party Services and Integrations

8.1 Third-Party Services

The Service may integrate with third-party services (e.g., Salesforce, Slack, Greenhouse). Your use of these services is governed by your agreement with those third parties.

8.2 Third-Party Terms

We are not responsible for the content, functionality, availability, or policies of Third-Party Services.

8.3 Data Transfer Authorization

When you enable an integration, you authorize us to transfer Customer Data as necessary to provide the integration functionality.

8.4 No Warranty for Integrations

We do not warrant that any integration will be compatible, available, or continue to be supported.

9. Customer Data, Privacy, and Data Protection

9.1 Data Ownership

As between you and ZitBoard, you retain all right, title, and interest in and to your Customer Data.

9.2 Our License to Customer Data

You grant us a limited, non-exclusive license to host, process, transmit, display, and copy Customer Data solely to operate, maintain, secure, and improve the Service and fulfill our obligations.

9.3 Your Data Responsibilities

You represent and warrant that you have obtained all necessary rights, consents, and permissions to submit Customer Data, and that your processing complies with applicable data protection laws.

9.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, incorporated by reference.

9.5 Data Processing Agreement

For business customers subject to GDPR or similar regulations, our standard DPA is available upon request.

9.6 Consent Management

For website analytics and non-essential tracking, we implement consent controls and only run tracking scripts after you provide consent.

10. Security and Data Protection

10.1 Security Measures

We implement commercially reasonable administrative, technical, and organizational security measures, including encryption in transit and at rest, access controls, and regular security assessments.

10.2 Security Limitations

You acknowledge that no security system is impenetrable. We cannot guarantee the Service will be completely secure or immune from unauthorized access.

10.3 Breach Notification

If we become aware of a security breach affecting your Customer Data, we will notify you in accordance with applicable law.

10.4 Tenant Data Separation

As a multi-tenant platform, we implement logical and technical controls to maintain separation between different customers' data.

11. Intellectual Property Rights

11.1 ZitBoard Ownership

ZitBoard and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, user interfaces, documentation, content, designs, trademarks, and trade secrets.

11.2 No Implied Rights

No rights are granted to you by implication, estoppel, or otherwise, except as expressly set forth in these Terms.

11.3 Feedback

If you provide feedback, you grant us a worldwide, irrevocable, perpetual, royalty-free license to use and incorporate such feedback without obligation.

11.4 Aggregated Data

We may compile anonymized statistical insights ("Aggregated Data") which is our exclusive property and may be used for any lawful purpose.

12. Support and Professional Services

12.1 Support Services

We provide customer support through various channels with availability and response times varying by plan tier.

12.2 Service Level Commitments

Unless otherwise agreed in a separate written agreement, we do not provide guaranteed uptime or SLA commitments.

12.3 Professional Services

Custom development, training, or consulting engagements are governed by separate written agreements.

13. Suspension and Termination

13.1 Termination by You

You may stop using the Service at any time. Cancellation takes effect at the end of the current billing period.

13.2 Termination by ZitBoard

We may suspend or terminate your access immediately if you materially breach these Terms, present a security risk, have overdue payments, or engage in fraudulent activity.

13.3 Effect of Termination

Upon termination, your right to access ceases, you remain liable for accrued charges, and we may delete or anonymize your data per our retention policies.

13.4 Data Retrieval

Prior to closure, you may export your data using the Service's export features. We are not obligated to provide exports after termination unless required by law.

14. Disclaimers

14.1 "As Is" and "As Available"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

14.2 No Implied Warranties

WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.3 Specific Disclaimers

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that results will be accurate or reliable.

14.4 AI and Predictive Features

AI-powered features are provided for informational purposes only and do not constitute professional advice. You are solely responsible for decisions based on Service outputs.

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

ZITBOARD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

15.2 Liability Cap

ZITBOARD'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.00.

15.3 Essential Purpose

These limitations apply regardless of the form of action and even if any limited remedy fails its essential purpose.

15.4 Jurisdictional Exceptions

Some jurisdictions do not allow certain limitations. If applicable law prohibits any limitations, they will apply to the maximum extent permitted.

16. Indemnification

You agree to defend, indemnify, and hold harmless ZitBoard and its affiliates, officers, directors, employees, and agents from any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service.
  • Your Customer Data.
  • Your violation of these Terms or applicable laws.
  • Your violation of any third-party rights.

17. Compliance with Laws and Trade Controls

17.1 General Compliance

Each party will comply with all applicable laws relevant to its obligations under these Terms.

17.2 Trade Controls and Sanctions

You represent that you are not subject to trade sanctions and will not use or export the Service in violation of export control or sanctions laws.

17.3 Anti-Bribery

You agree to comply with anti-bribery and anti-corruption laws, including the FCPA and UK Bribery Act.

18. Changes to the Service and Terms

18.1 Service Changes

We may modify, update, suspend, or discontinue the Service at any time, with or without notice.

18.2 Changes to Terms

We may modify these Terms from time to time. Material changes will be posted with a new effective date and notice provided.

18.3 Acceptance of Changes

Your continued use after the effective date constitutes acceptance of revised Terms. If you disagree, stop using the Service.

18.4 Material Changes

For material changes significantly affecting your rights, we will provide at least 30 days' advance notice.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

19.2 Jurisdiction and Venue

Any legal action will be instituted exclusively in the federal or state courts located in New Castle County, Delaware.

19.3 Class Action Waiver

You agree that dispute resolution will be conducted only on an individual basis, not as a class action.

19.4 Informal Resolution

Before initiating formal legal proceedings, the parties agree to attempt informal resolution by providing 30 days' notice.

19.5 Injunctive Relief

Either party may seek injunctive or equitable relief in any jurisdiction to prevent irreparable harm.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ZitBoard.

20.2 Severability

If any provision is held unenforceable, it will be modified or severed, and the remaining provisions will remain in effect.

20.3 Waiver

Failure to enforce any provision is not a waiver. Any waiver must be in writing and signed by an authorized representative.

20.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely.

20.5 Force Majeure

We are not liable for failures caused by circumstances beyond our reasonable control.

20.6 Independent Contractors

The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

20.7 Notices

To you: through the Service, email, or website posting. To us: legal@zitboard.dev or our mailing address.

20.8 Electronic Communications

You consent to receiving electronic communications from us, which satisfy any legal writing requirements.

20.9 Headings

Section headings are for convenience only and have no legal effect.

20.10 Open Source

The Service may include open-source components subject to their respective licenses.

20.11 Government Users

For U.S. government entities, the Service is a "Commercial Item" and use is subject to these Terms.

Thank you for using ZitBoard.