Please read these Terms of Service (“Terms”, “Agreement”) carefully before accessing or using any software application, tool, or service provided by Zotek (“Zotek”, “we”, “us”, or “our”). These Terms constitute a legally binding agreement between you (“Merchant”, “User”, or “You”) and Zotek governing your use of all Zotek products and services (collectively, the “Services”).
By installing, accessing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Services.
For the purposes of this Agreement, the following terms shall have the meanings set out below:
To use the Services, you must:
Zotek reserves the right, in its sole discretion, to refuse access to the Services to any individual or entity at any time and for any reason.
You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to notify Zotek immediately at support@zotek.io if you suspect any unauthorized access to or use of your account.
You represent and warrant that all information you provide during registration and throughout your use of the Services is accurate, current, and complete. Zotek shall not be liable for any loss or damage arising from your failure to maintain accurate account information or to safeguard your credentials.
You are fully responsible for all activities that occur under your account, whether or not authorized by you.
Access to certain features of the Services requires a paid Subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected), and are processed through the billing system of the applicable Platform. By subscribing, you authorize the applicable Platform to charge your payment method on the applicable billing cycle.
Where a free trial period is offered, you will not be charged during that period. Upon expiry of the free trial, your Subscription will automatically convert to a paid plan and you will be charged accordingly, unless you cancel before the trial period ends. It is your responsibility to cancel prior to the trial’s expiration if you do not wish to continue.
All Subscription fees are non-refundable except where expressly required by applicable law. If you believe you have been incorrectly charged, you must notify us in writing at support@zotek.io within thirty (30) days of the relevant charge. Zotek will review your request and respond in a timely manner.
Zotek reserves the right to modify its Subscription pricing at any time. We will provide at least thirty (30) days’ advance notice of any material price changes via the email address associated with your account or through the applicable Platform. Your continued use of the Services following such notice constitutes your acceptance of the revised pricing.
You are solely responsible for all taxes, duties, levies, and other governmental charges applicable to your Subscription or use of the Services. Zotek’s stated fees do not include applicable taxes unless expressly stated otherwise.
Subject to your compliance with these Terms, Zotek grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own lawful e-commerce business purposes during the applicable Subscription period.
You agree that you will not, and will not permit any third party to:
Zotek’s collection, use, and handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge and consent to the data practices described therein.
You are solely responsible for ensuring that your use of the Services — including the collection, processing, and storage of any User Data — complies with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable local or international legislation.
You represent and warrant that:
Where the Services include or facilitate the use of tracking technologies (such as pixels, cookies, or tags) to support advertising, analytics, or conversion tracking, you acknowledge that:
All intellectual property rights in and to the Services — including but not limited to software, code, interfaces, designs, trademarks, logos, trade names, and documentation — are and shall remain the exclusive property of Zotek or its licensors. Nothing in these Terms shall be construed to transfer any intellectual property rights to you.
You retain all ownership rights in the data and content you submit to the Services. By submitting such data, you grant Zotek a limited, worldwide, royalty-free, non-exclusive license to use, store, reproduce, and process your data solely to the extent necessary to provide and improve the Services.
You shall not use Zotek’s name, logo, trademarks, or any other brand assets in any manner without Zotek’s prior written consent, including in advertising, promotional materials, or public statements.
The Services are designed to integrate with third-party platforms and services, including e-commerce platforms, advertising networks, payment gateways, and analytics tools. Zotek does not control, endorse, or assume responsibility for any third-party platform or service.
Your use of any third-party platform is subject solely to that platform’s own terms, policies, and conditions. Zotek shall not be held liable for any disruption, modification, or discontinuation of any third-party service that affects the functionality of the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOTEK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Zotek does not warrant that: (i) the Services will operate without interruption or error; (ii) defects will be corrected; (iii) the Services will be free of viruses or harmful components; or (iv) the results obtained through the Services will be accurate, reliable, or meet your specific requirements.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOTEK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ZOTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any case, Zotek’s total cumulative liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the total amount of Subscription fees actually paid by you to Zotek in the three (3) calendar months immediately preceding the event giving rise to such liability.
You agree to indemnify, defend, and hold harmless Zotek and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
These Terms are effective from the date you first access or use the Services and shall remain in force for as long as you maintain an active account or Subscription.
You may terminate your use of the Services at any time by uninstalling or removing the applicable Zotek application from your Platform account and cancelling any active Subscription in accordance with the Platform’s procedures.
Zotek reserves the right to suspend, restrict, or permanently terminate your access to the Services at any time, with or without prior notice, if we reasonably determine that you have violated these Terms, engaged in fraudulent, abusive, or unlawful conduct, or for any other reason we deem necessary to protect the integrity of the Services or the interests of other users.
Upon termination of these Terms for any reason: (i) all licenses granted to you hereunder shall immediately cease; (ii) you must promptly discontinue all use of the Services; and (iii) any outstanding payment obligations shall remain due. Zotek shall not be obligated to refund any pre-paid Subscription fees. Provisions of these Terms that by their nature should survive termination — including Sections 7, 9, 10, 11, and 14 — shall survive and remain in full force.
Zotek reserves the right to update, modify, or replace these Terms at any time at its sole discretion. We will notify you of material changes by updating the “Last Updated” date at the top of this page and, where appropriate, by sending notice to the email address associated with your account or through the applicable Platform.
Your continued access to or use of the Services following the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must cease using the Services.
These Terms shall be governed by and construed in accordance with applicable laws, without regard to its conflict of law provisions. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services, the parties agree to first attempt resolution through good-faith negotiation for a period of not less than thirty (30) days following written notice of the dispute.
If the dispute cannot be resolved through negotiation, either party may pursue resolution through binding arbitration or through the courts of competent jurisdiction, as determined by applicable law.
Zotek shall not be held liable or responsible for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions or regulations, labor disputes, power failures, or the unavailability of third-party platforms or infrastructure. Zotek will use commercially reasonable efforts to resume normal operations as soon as practicable following any such event.
These Terms, together with Zotek’s Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Zotek with respect to the subject matter hereof, and supersede all prior or contemporaneous representations, understandings, or agreements, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by Zotek in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right. Any waiver must be in writing and signed by an authorized representative of Zotek to be effective.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Zotek. Zotek may assign or transfer its rights and obligations under these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, franchise, or fiduciary relationship between you and Zotek. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.
These Terms are drafted in the English language. In the event of any conflict or inconsistency between an English version and any translated version of these Terms, the English version shall prevail.
Contact Us
If you have any questions, concerns, or feedback regarding these Terms of Service, please do not hesitate to contact us:
We aim to respond to all inquiries within 2 business days.
