ZingProject Terms of Service

March 26, 2013

Hello, and thank you for choosing ZingProject for your project management solution. We hope to provide the best experience for you, keeping your data safe and readily available to you, so you can get your job done fast. In order to ensure we can provide you and all of our users with that great experience, we all need to agree to some common rules for using ZingProject.

A. DEFINITIONS

  1. Account refers to a single identity, identified by a username, or email address.
  2. Agent means any entity, human, programmatic or otherwise, which is capable of utilizing our services.
  3. API is the programmatic interface to zingproject.com, and is identified by all web resources accessible on a URL beginning with http(s)://zingproject.com/api.
  4. Collaborator/Collaboration is any user accessing any data owned by your account.
  5. Data means all information generated by, or provided by, an user while actively utilizing our services, including data stored in a user’s profile, networks, projects, tickets, and files in document management..
  6. Fee means the monetary costs associated with any activity engaged by an account.
  7. Network is the principal security object for which access is granted to collaborators to access data owned by you.
  8. Services are all functionality and interaction provided by zingproject.com, including all content/software downloaded from zingproject.com, either manually, programmatically, by a browser or any other mechanism, such as HTML, CSS, Javascript, and image files; and the API.
  9. Terms of Service refers to this document, in its entirety, regardless of medium used to distribute, and regardless of any partial representation thereof.
  10. User means any agent with a zingproject.com account or an agent which utilizes the portions of our services accessible anonymous, without an account, such as, but not limited to, the zingproject.com blog and signup page.

B. ACCEPTANCE OF TERMS

By using zingproject.com services, a product of Goosetail Labs, LLC (“Goosetail Labs”, “our”, or “we”), you (“user(s)”) accept and agree to be bound by these terms and conditions (Terms of Service). Please make sure you read and understand them before using any Goosetail Labs service.

If you enter into this agreement on behalf of another legal entity, such as, but not limited to, a corporation, an organization, or an individual, you represent that you have the authority to bind said entity, and all users acting on behalf of said entity, to these Terms of Service.

Goosetail Labs reserves the right to make any changes to these Terms of Service at any time. If Goosetail Labs makes any changes to these Terms of Service, those changes will be made public via e-mail, or through a posting on the bloghttp://zingproject.com/blog. Continued use of the services described in these Terms of Service constitute your consent to be bound by those changes. A user is responsible for ensuring that the e-mail address set in the profile for their account is valid and routable. Goosetail Labsis not responsible for failure to deliver e-mail notifications, whether the failure is caused by an incorrect e-mail address stored with a user’s account, a mail delivery server, or any other intermediate service or software responsible for transmitting and delivering said e-mail to a user. In the event Goosetail Labs sends an e-mail or posts a blog entry notifying users of changes to these Terms of Service, all users continuing to utilize our services implicitly accept to and are bound by the new Terms of Service. 

C. VIOLATION OF TERMS

Failure to adhere to the terms set forth in these Terms of Service may result in one or more of the following consequences: immediate termination of your account, deletion of all data within such account, and referral to law enforcement of relevant jurisdiction.

Goosetail Labs reserves the right to carry out any of the above three consequences without any prior warning or notice to the account owner.

D. ACCOUNT TERMS

  1. You must be 13 years old to create or use an account.
  2. You must be human to create an account, and must do so via the signup page located athttps://zingproject.com/signup.
  3. You must provide a real, legal name, a valid e-mail address and any other information requested when creating an account.
  4. An account may only be used by one agent at a time. Using a single account for multiple agents, whether at the same time or exclusively is not permitted.
  5. You, the agent, are responsible for all security within your account, including but not limited to, your username, password, profile information, and all other data owned by your account.
  6. You are responsible for all data owned by your account, whether that data was created by you, or a collaborator with access to your data.
  7. One agent may not own more than one account.
  8. You may not use our services for any illegal purpose. You must not, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright or trademark laws.

E. API TERMS

Customers may access their zingproject.com account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses zingproject.com, is bound by ACCOUNT TERMS plus the following specific terms:

  1. You expressly understand and agree that Goosetail Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Goosetail Labs has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to our services via the API may result in the temporary or permanent suspension of your account's access to the API. Goosetail Labs, in its sole discretion, will determine abuse or excessive usage of the API. Goosetail Labs will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Goosetail Labs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

F. PAYMENT AND REFUNDS

  1. All accounts with collaborators must enter a valid credit card. Accounts with no collaborators are not required to provide a credit card number. A credit card must be entered into an account before collaborators can be invited to any network on such account.
  2. Billing cycles for Goosetail Labs begin on the 1st day of a month, and continue through, and include, the last day of the same month.
  3. All accounts will be billed on the first day of the month immediately following the month when billable services were consumed by such account, and are non-refundable. Collaborators will be billed at a pro-rated amount when they are added. Partial refunds or credits will not be given if a collaborator is removed from your account before the billing cycle ends.
  4. Cost of a collaborator is $1 USD / month, regardless of the number of days in the month. If the same user is a collaborator on multiple networks in your account, your account will be billed only once for said collaborator. The cost for said collaborator will be based on the network with which the collaborator was a member for the longest time in that billing cycle.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. In the event that your credit card on file with your account fails to be charged. Your account will be immediately placed in arrears. While in arrears, notices will appear to your collaborators throughout networks, projects, tickets and other data owned by your account, informing them that they will lose access to the respective data if the owner account is not brought current. Also while in arrears, any time you are logged into the application, notices will be displayed which will inform you to provide a valid credit card number, or collaborators will lose access to your data if your account is not brought current.
  7. An account will remain in arrears until the account is made current, or the arrears period expires, 14 days after a failed charge to your credit card. If the arrears period expires, all collaborators will immediately lose access to the data on your account.

G. MODIFICATION TO SERVICES AND PRICES

  1. Goosetail Labs reserves the right at any time to modify or discontinue, temporarily or permanently, our service, or any part thereof, with or without notice.
  2. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice from Goosetail Labs. Such notice may be provided at any time by posting the changes to zingproject.com or the service itself.
  3. Goosetail Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our service.

H. COPYRIGHT AND CONTENT OWNERSHIP

  1. We claim no intellectual property rights over the data you provide to our service. Your profile and data uploaded remain yours. However, by providing access to your data via collaborators, you authorize such collaborators to access your data according to the security level you designate. Goosetail Labs is not liable for any infringement of copyright of your data enabled by collaboration.
  2. Goosetail Labs does not pre-screen content, but Goosetail Labs and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via our service.
  3. The look and feel of our service is copyright ©2012 Goosetail Labs, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Goosetail Labs.

I. GENERAL CONDITIONS

  1. Your use of our service is at your sole risk. Our service is provided on an “as is” and “as available” basis.
  2. Support for services is only available in English, and only available via e-mail or the “Feedback” form within the application.
  3. You understand that Goosetail Labs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
  4. You must not modify, adapt or hack our service or modify another website so as to falsely imply that it is associated with our service, Goosetail Labs, or any other Goosetail Labs service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to our service without the express written permission by Goosetail Labs.
  6. We may, but have no obligation to, remove data and accounts containing data that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Goosetail Labs customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of our service, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Goosetail Labs) of other ZingProject customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. Goosetail Labs does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
  13. You expressly understand and agree that Goosetail Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Goosetail Labs has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of Goosetail Labs to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and Goosetail Labs and govern your use of the service, superseding any prior agreements between you and Goosetail Labs (including, but not limited to, any prior versions of these Terms of Service). You agree that these Terms of Service and your use of the service are governed under Colorado law.
  15. Questions about the Terms of Service should be sent to support@goosetaillabs.com.