Terms and Conditions of Service
Thank you for using Zippy (an Phoebuz product). These terms of use (“Terms”) cover your use and access to our services, client software and websites (“Services”).
Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy policies. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
Phoebuz reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of Phoebuz Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Phoebuz grants you a personal, non-exclusive, non-transferable, limited privilege to use the Services.
Website
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Phoebuz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Phoebuz’s express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Phoebuz reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Phoebuz server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Phoebuz, including any Phoebuz account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Phoebuz’s systems or networks, or any systems or networks connected to the Site or to Phoebuz.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Phoebuz on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Phoebuz or others.
Apps
Your Stuff & Your Permissions
When you use Apps and Services made by Phoebuz, files and cloud accounts remain private and yours only. Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like connecting to your clouds accounts, files and sharing them when you ask us to. These and other features may require our systems to access and scan Your Stuff. We NEVER store your files or content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with (Like Microsoft and Atlassian). We never store your credentials to third party cloud services (user name or password)
Sharing Your Stuff
Our Apps and Services let you share Your Stuff with others, so please think carefully about what you share.
Your Responsibilities
You’re responsible for your conduct and Your Stuff. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
Software
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Our Stuff
The Services are protected by copyright, trademark, and other Indian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Phoebuz trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Paid Accounts
Billing: You can add premium features to your account (turning your account into a “Premium Account”). We’ll automatically bill you from the date you convert to a Premium Account and on each periodic renewal until cancellation.
If you are using the Phoebuz Apps for Atlassian platforms in the Atlassian Marketplace you will be billed after the 30-day trial period ends.
No Refunds: You may cancel your Premium Account or Atlassian Marketplace subscription at any time, but you won’t be issued a refund for the time left.
Downgrades: Your Premium Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Premium Account or Atlassian Marketplace subscription on time, we reserve the right to suspend it or reduce your features to free levels.
Changes: We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Termination
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Premium Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “as is”
We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Phoebuz and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided “as is.” we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, except for any liability for Phoebuz’s or its affiliates’ fraud, fraudulent misrepresentation, or gross negligence, in no event will Phoebuz, its affiliates, suppliers or distributors be liable for:
(A) Any indirect, special, incidental, punitive, exemplary or consequential damages, or
(B) Any loss of use, data, business, or profits, regardless of legal theory.
This will be regardless of whether or not Phoebuz or any of its affiliates has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
Additionally, Phoebuz, its affiliates, suppliers and distributors will not be liable for aggregate liability for all claims relating to the services for more than the greater of the amounts paid by you to Phoebuz for the past 12 months of the services in question.
Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
Resolving Disputes
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Phoebuz, you agree to try to resolve the dispute informally by contacting support@Phoebuz.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Phoebuz may bring a formal proceeding.
Judicial forum for disputes. You and Phoebuz agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of India. Both you and Phoebuz consent to venue and personal jurisdiction in such courts.
No class actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Controlling Law
These Terms will be governed by Indian law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Entire Agreement
These Terms constitute the entire agreement between you and Phoebuz with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.