Terms & Conditions
For Zinnia Software, Inc.
Zinnia Terms and Conditions
Last updated: October 31, 2023
- Please read these terms and conditions ("Terms") carefully before using the Zinnia website, products, or services (collectively "Services").
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
- 1. Basic Terms
You must be 18 years or older to use this website and Services.
The Services are provided by Zinnia Software Inc., located in Atlanta, GA, United States ("Zinnia").
By using the Services you agree that: (a) you are responsible for providing and maintaining your own device and internet access required to use the Services; (b) you will only use the Services for your own lawful, personal use; (c) you will not resell or make commercial use of the Services; (d) you are responsible for complying with all applicable laws related to your use of the Services.
Use of Services.
Zinnia grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own personal, non-commercial use. You may not use the Services for any other purpose without Zinnia's prior written consent.
You agree you will not engage in any activity that interferes with or disrupts the Services, including but not limited to circumventing security features, scraping content, harmful bots, violating applicable laws, or sharing access/account details with any third party.
You understand the Services use artificial intelligence algorithms and models that depend on the quality of data used for training. As such, personal and company bios generated through the Services may contain incomplete, outdated or incorrect information. You agree not to rely solely on bios from the Services for official personal or company data.
- 2. Intellectual Property Rights
The Services and all content therein are the intellectual property of Zinnia and its licensors, protected by copyright, trademark, patent, trade secret and other laws.
You may not copy, modify, create derivative works, publicly display, interfere with, scrape or otherwise use any content from the Services without Zinnia's express prior written consent.
- 3. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- 4. Payment and Billing
Zinnia offers a free plan ("Zinnia Daily") and paid subscription plan ("Zinnia Pro"). Payment for Zinnia Pro is handled by Stripe and subject to Stripe's terms of service.
Zinnia Pro subscriptions start with a 14-day free trial upon sign up. After the trial period ends, your subscription will automatically continue and you will be charged the applicable fee until you cancel your subscription.
You can manage or cancel your subscription at any time through your account portal.
Cancellations are effective at the end of the current billing period.
Zinnia may change the fees or benefits associated with the Services at any time by posting the changes on the Zinnia website. Changes will become effective at the end of the then-current billing cycle.
Your continued use of the Services after any changes become effective constitutes your acceptance of the updated terms.
If you do not wish to accept the updated terms, you must cancel your subscription as provided above.
- 5. Termination
You may stop using the Services and cancel your account at any time.
Zinnia may suspend or terminate your account if you violate these Terms, with notice to you in advance when reasonably practicable.
Upon termination, your license to access and use the Services will immediately cease.Disclaimers and Limitation of Liability
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ZINNIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.ZINNIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SERVICES.ZINNIA'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS WILL NOT EXCEED $100.
- 6. Governing Law
These Terms are governed by the laws of the State of Georgia without regard to conflict of law principles. Any dispute related to these Terms must be brought exclusively in the federal or state courts located in Fulton County, Georgia and you consent to personal jurisdiction in those courts.
If any provision of these Terms is found unenforceable, it will be severed with the remaining provisions continuing in full effect.
These Terms constitute the entire agreement between you and Zinnia related to the use of the Services.
- 7. Contact Us
Please contact us at firstname.lastname@example.org with any questions about these Terms.