Terms of ServiceLast Updated: November 03, 2020
Please carefully read the following Terms of Service before registering for and using the ZipDrive Service.
If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
1. Your Account
You agree to provide us with accurate and complete information when you create a ZipDrive Account (your "Account"). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential and not share them with anyone else.
You, as the Account holder, are solely responsible for access to, content in or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify [email protected] immediately.
"Content" means any of your, or your users' or recipients' files, documents, recordings, and other information that is used, presented or shared with third parties in connection with the Service.
2. Conditions of Use
By using the Services, you agree that you, and your users (i) will not violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy, (ii) will comply with all regulations, policies and procedures of networks through which You access and use the Service, (iii) will not access or attempt to access the Services by any means other than those provided on the ZipDrive website, and (iv) will not access or attempt to access any account for which You have no access authorization.
3. Registration Information / Privacy
4. BillingAutomatic Renewal - Paid Plans
In exchange for use of the Services, you authorize a recurring monthly or annual charge to your credit card/PayPal account. The recurring charge will be locked at the published standard plan that is chosen at the time of sign-up or to a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic and paid in advance.
Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, we still advise you to update your card manually from your account screen when changes to your account information occur. We need a credit card/PayPal account on file while the account is active.
If we are unable to execute any applicable charges due to credit card/PayPal denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be cancelled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to sixty (60) days from the due date to allow for the customer to arrange payment.
We reserve the right to terminate free accounts at any time, with or without issuing a notice. Without limiting the foregoing, if a free account is inactive for ninety (90) days, then we reserve the right to terminate the account without any additional notice. An inactive account is an account where no login has occurred either automatically or manually for a specified period of time.
We may offer a free trial period for ZipDrive. You do not need to provide your credit card details during signup. You can upgrade your account anytime during the trial period by updating the credit card/PayPal account details and continue using the ZipDrive services.
Your right to raise a billing discrepancy and any associated recovery is waived unless reported to us by calling our customer support line or emailing us at [email protected] within sixty (60) calendar days after such discrepancy is charged to your credit card.Cancellation & Refunds
You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year’s fees to your credit card/PayPal account. Please note, on cancellation, refunds are issued if the account is canceled within fifteen (15) days of its creation date. After 15 days, prorated refunds are issued on a case-by-case basis subject to eligibility. We will not issue any prorated refunds for the remaining period of a month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of the month. However, the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.
5. Account Passwords
You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. However, no password-protected system can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access Your Account. The automated forget password option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.
6. Use of IP Addresses
We may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies, Terms, or to protect our Service, site, customers, or others. Some services, such as user logs and registration emails, may also display IP addresses.
7. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. IDRIVE INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. IDRIVE INC. MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA ON YOUR DESKTOP WILL NOT BE LOST OR DAMAGED; OR (D) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
8. Limitations of Liability
IN NO EVENT SHALL IDRIVE INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE REGARDLESS OF LEGAL THEORY, WHETHER OR NOT IDRIVE INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO IDRIVE INC. FOR THE PAST THREE MONTHS FOR THE SERVICES IN QUESTION.
9. Class Action Clause
You agree that Class Actions are not allowed and all disputes with IDrive Inc. must be resolved on an individual basis. You may not bring any claim against IDrive as a class member. This includes class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. Regardless of whether any such dispute, controversy or claim concerns any other individual / entity, multiple individuals / entities, or other persons, classes of individuals, or entities, all cases shall be decided between IDrive and the individual only.
You will, as allowable by law, defend, indemnify and hold IDrive Inc., our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Services, (ii) any violation of these Terms by you or your users. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.
We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described below in paragraph 12. Paragraphs 7, 8, 11, 12, 13, and 14 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.
Any notice under these Terms given by IDrive Inc. to you will be deemed to be properly given if sent (i) by email to your email address as set forth in the Registration Information, (ii) by a startup screen that starts before your next use of the Services, (iii) by written communication mailed by first class U.S. mail to your address on record in the Registration Information, or (iv) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications. To ensure proper delivery of email communications, please whitelist '[email protected]' domain in your email spam filter.
Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at [email protected], except those that are related to cancellation or termination of your Account. "Cancel at the end of your annual term" is available online by disabling auto-renewal option. For special cases where you'd like to close your account prior to the end of your annual subscription term, please contact our support team. Sending an email to [email protected] for cancellation is not considered as a cancellation notice for security reasons. We may delay the cancellation related to non-payment for the services and provide a grace period of up to sixty (60) days from the due date to allow for the customer to arrange for payments.
Fair Use Notice: Any copyrighted materials used in this website, like third-party logos (Windows, Mac, Linux 'Tux' etc) are the property of their respective owners/companies.
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.
14. Modifications to this Agreement
We may change these Terms from time to time and the most current version will always be posted on our website located at https://www.zipdrive.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so we recommend that you check these pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms create no third party beneficiary rights. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. IDrive Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the entire and exclusive agreement between you and IDrive Inc. with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.