TERMS OF SERVICE
Introduction
Welcome to ZYTE! We’re excited that you are joining us, but before you start using ZYTE, we do expect you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. To make things easier, you can use the navigation menu to find specific sections of the terms. You’ll also find a summary at the top of each section to introduce what each section is about. These are your legal rights and obligations, so please do read everything. By installing, accessing, or using our apps, services, features, software, or website you enter into this agreement. If you can’t agree to our terms, then you can’t use our services. If you still have questions or comments after you’ve read these terms, please get in touch through our contact us page. We’d love to help.
Last updated on 9 April 2020
Don’t use ZYTE
for Emergency calling
Please note that although ZYTE may be used by first response and emergency services to supplement a phone call, ZYTE is not an alternative to be used in place of making an emergency call on your phone. There are important differences between ZYTE and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service. ZYTE services do not guarantee 100% availability or fault free use.
Joining and Using ZYTE
In this section we explain how to subscribe to ZYTE and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.
1. You and ZYTE: When we say you or your, we mean both you and any entity or organisation you’re authorised to represent. When we say ZYTE, we, our or us, we’re talking about ZYTE Limited, NZBN: 9429041661925.
2. Our services: Our services consist of all the services we provide now or in the future, including our mobile application(s), desktop service, features, software or websites.
3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber you are also the administrator of your account for your organisation and you’re the one responsible for paying for your subscription.
4. Seats and Users: If your subscription contains more than one Seat, you are able to allocate the additional seats to other Users, allowing them to access the service using one of your seats. Each seat may be used on multiple devices - laptops, desktop computers and smartphones - but must be used by only one person and the associated SIM. You must not share your seat with other users, and must instead buy or allocate additional seats as required. When a user genuinely ceases to be a current member of your team you may remove them from your subscription and allocate the seat to another user.
5. Users invited to ZYTE: If you purchase more than one license for ZYTE mobile or Desktop, as the administrator you are able to invite other users in your organisation to use ZYTE by adding their mobile numbers in the Administration panel. An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.
6. Guest Users: The users added to a Subscribers plan (via Seats) are permitted to use the ZYTE service with Guest users (who do not need a subscription or a seat) through the provided means in the service. The Guest is only granted limited access,. For the duration of the call they have access to the services granted to Guest Users during calls. After the call ends, they are no longer granted access to ZYTE - however, some “post call” features may be available in some cases
7. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services based on your subscription type for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
Age: You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
8. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. For example:
You can change your subscription by logging into ‘Manage my Subscription’
You control how many licenses your subscription gives access to for other invited users in your organisation.
You decide who’s invited to use our services you’ve subscribed to. You can change or stop that access at any time.
You’re responsible for resolving any disputes with any invited users over access to your subscription
You’re responsible for all your invited users’ activity
9. Paying for your subscription: When you purchase a ZYTE subscription, you will be charged a fee based on the Subscription you choose and the number of licenses ("Subscription Fees"). Unless specified otherwise herein or in a Pricing Agreement, the Subscription Fees are payable in full and in advance until Your Subscription is terminated.
Most subscriptions are paid via the Chargebee online subscription management system and your credit or debit card is processed through Stripe. Subscriptions are usually a recurring monthly payment automatically transacted with your invoice / receipt automatically emailed to you. You can also log into Manage my subscription to view and download your historical invoices.
As an Enterprise customer or a customer with multiple licenses you may request to be sent an invoice and pay via automated inter bank transfer. If you choose this option you will be sent a recurring monthly invoice and grant us the right to register a security interest on the Personal Property Securities Register (PPSR) website.
10. Subscription Renewal: For any Renewal Term (as defined below), unless otherwise agreed to in a Pricing Agreement, We reserve the right to change the subscription fees and billing methods upon a thirty (30) day notice. For existing Subscriptions for which the Subscription Fees has been already received by Us, We will implement the price changes during the next Renewal Term.
11. Refunds: Unless otherwise specified in these Terms or Pricing Agreement, all Subscription Fees are non-refundable. We do not provide refunds or credits for any partial use or non-use of our Services.
12. Delayed Payments/Non-payment of Subscription Fees: Where we do not receive payment of your Subscription Fees within the due date for a Subscription, we will contact you to let you know. It may be because your card has insufficient funds, has expired or our payment processing provider thinks your card may be at risk. You can update your card details by logging into ‘Manage Subscription’ and we may instruct our payment processing provider to try processing your card again.
We must receive payments within a maximum of thirty (30) days from the date of our notice to you, otherwise we may suspend your account and use of our Services until we receive your payment, or we may terminate your Subscription in accordance with the termination section of this agreement. Benefits. We may, at our sole discretion, offer you certain non-transferrable benefits (such as discounts on Subscription Fees or a free extension in Term) specific to a Subscription. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer.
13. Free Trial: Our standard Mobile and Desktop plans come with a free 7 day trial. You must enter your credit or debit card at the time of initiating the trail and you will be charged for the plan that you have chosen if you have not terminated your plan prior to the 7 days expiring. You can terminate your free trial by logging into manage my subscription.
If you have been given a special free trial that does not require you to enter your credit or debit card at time of initiation our services will discontinue at the end of that free trial period unless you initiate a paid subscription. You can do that by logging into ‘manage my subscription at any time during your free trial and selecting a new plan. During the free trial period the terms of this agreement stand and we may modify or discontinue any trials or promotions at any time without notice.
14. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date.
15. When we introduce new or revised services: Since we’re always thinking about how to make ZYTE the best it can be, we regularly update and expand our services. For new or updated services, there might be additional terms. We will let you know what those terms are before you start using those services.
16. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Supported Devices, Browsers and Operating Systems.
ZYTE is designed as a cross platform smart video and communication system that doesn’t require the guest party to have any software or application downloaded. That means that we have a lot of different scenarios to support across Devices, Browsers, Operating Systems and Telecommunications Networks. Although we do our best to ensure ZYTE will work for as many people as possible there are some situations where devices and software is just too old, uncommon, or for some other reason impossible to support.
17. Browser support:
a) Browser Support for Desktop ZYTE Users: Chrome version 72 or newer, Safari version 11 or newer with Screen sharing support from 13+.
b) Browser Support of iPhone Guest Users: Safari version 11+
c) Browser Support for Android Guest Users: Chrome version 52 or newer. However you’ll find ZYTE normally works well and has been tested against a range of Chromium 52+ based browsers including Samsung Internet, and Firefox browsers versions 36+
18. Operating System Support:
a) Apple iPhone for ZYTE Users and Guest Users: At minimum last three major versions (iOS 11 or newer as at April 2020)
b) Android for ZYTE Users and Guest Users: At minimum last three major versions (Android 10 or newer as at April 2020)
19. Device support
So long as a device has a supported Operating System it is supported by ZYTE with the following criteria:
a) App store access: The phone has access to the appropriate store in a country Zyte is released in;
Android: Google play store with play services installed
iOS: app store
Note: If a phone does not have access to the appropriate store you may be able to get around that by contacting ZYTE to arrange a separate install.
b) The latest phone releases that are in test with ZYTE. New phones often come out with advances in Cameras, chipsets, and screens that affect how ZYTE works. We endeavour to get all of the leading new phones before or as soon as they are released to test and modify our software to accommodate any changes. If you are the first to get the latest phone, it may be a little while before ZYTE will work properly on it.
Data Use and Privacy
ZYTE uses your data to provide our services to you. Our privacy Policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
20. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
21. Storage of Data: We do our best to store your call history, videos, pictures, notes, recordings or other information you may gather on a ZYTE call (“Digital Assets”). We do this as a convenience to you and as part of our service. You agree that ZYTE has no responsibility or liability whatsoever for the deletion or failure to store any Digital Assets stored or transmitted by our Services. You acknowledge and agree that ZYTE may establish limits as to the size of Digital Assets Data that ZYTE transmits or stores and the duration for which ZYTE stores Digital Assets Data. You get 5 Gb of storage with each ZYTE license, you can manage your storage and purchase more storage as you may require.
22. Location of Data Storage: Zyte uses the Amazon Web Services server located in Sydney, Australia to store data for all ZYTE Customers within the AWS ap-southeast-2 Region. This includes all ZYTE Customers in New Zealand, and Australia.
Supporting links and documents:
23. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Policy sets out in detail how we process your own personal data that you enter information into our platform or make a ZYTE call that records digital assets.
24. Use of personal data you enter about others: We record interactions you have with other contacts through ZYTE and related systems, and data you enter about them. As a communication service that interacts with regular phone calls, ZYTE will sometimes have “time of call and participant data” about calls running through other phone services - so that we can coordinate with them when you want to add video - but only as permitted by you and the operating system of your device. The use of this data is set out in our Privacy Policy.
25. Use of our service with 3rd parties: When you initiate a ZYTE communication with another party, that party may not have used ZYTE before. In this case they will be asked to start the service thereby agreeing to accept the Terms of Service and our Privacy Policy. In addition, if one party begins a recording, all parties will be notified. Images captured during the call will normally be available to both parties. Regardless of these measures taken by us (which may change from time to time), it remains your responsibility to use the service with third parties in the way intended, to be clear about data you are capturing, to gain proper consent and to follow the applicable laws.
26. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, and for other uses we communicate to you.
27. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you are best placed to make this decision, because you will have the most knowledge about the personal data stored in your subscription.
Confidential Information
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
28. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
Intellectual Property Rights
29. Our Intellectual property belongs to us: You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Services are and shall remain the sole and exclusive property of ZYTE. You will not take any action to jeopardise, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorised use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws.
30. Your intellectual property belongs to you: All of your digital assets, the video and audio streams you record, the photos and notes you take, all belong to you. Your digital assets are stored securely on AWS server and only you have access to them.
Marketing and Publicity
31. Other Sites and Linking:
Our Services may include links to other websites or material which are beyond our control. We are not responsible for content on any site outside our Website, Apps and Services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
32. Feedback: We love your feedback and may use it without restriction. You can give us feedback and make feature requests via our contact us page or our feature request page. From time to time, ZYTE may send you surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant ZYTE, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information you provide to ZYTE.
33. Publicity Rights: When you say good things about us, we’d like to be able to tell them to others and therefore you agree that ZYTE may identify you as a user of our Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on ZYTE’s website; or any other third-party website where ZYTE or its designated agents may promote our Services. You hereby grant ZYTE and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose. If you are not in agreement with this section on publicity rights please notify us by email at info@zyteapp.com and we will not identify you and / or remove any identification we have already used as much as is in our power to do so.
Referral Programme
From time to time we may offer a referral service to attract new users to our services.
34. Eligibility: To be eligible for the Referral Reward Programme:
You must have an active ZYTE subscription;
You may not refer yourself for the Referral Program;
The Referred User should not already have a User account (active or inactive) on ZYTE;
The Referred User should sign up for a ZYTE subscription using the activation link of the Referral Invitation;
Your rewards will be released once the referred party has paid for their subscription;
We reserve the right to close customers’ accounts of Referring or Referred Customers, if these have acquired rewards by fraud or have used or attempted to use the acquired rewards in a way that violates these terms of applicable laws;
We reserve the right to terminate the Programme or change the terms at our own discretion at any time;
Fraud or abuse relating to the accrual of rewards in the Programme may result in forfeiture of accrued rewards as well as cancellation of a Subscriber’s Account with no refund given for any time still remaining that has been paid for;
Our failure to enforce a particular Term or Condition does not constitute a waiver of that Term or Condition by us;
All questions or disputes regarding eligibility for the Programme or the eligibility of rewards for accrual will be resolved by ZYTE in its sole discretion;
The Programme and any use of The Website are subject to the ‘terms and conditions’ of the Website and the Privacy Policy terms, as described on the Website.
Security
We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.
35. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
36. PCI DSS Compliance: The Payment Card Industry Data Security Standard encompasses a set of practices and procedures required to be followed by companies (the ones that process, store, or transmit card details) to establish protection of their customers' card data. We have outsourced our credit card processing functions to PCI DSS-compliant level 1 service providers Chargebee and Stripe who both hold PCI DSS-compliant level 1 certificates, the most stringent level of certification available in the payments industry. ZYTE does not hold or even see your credit card details.
37. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
38. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use or breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of ZYTE’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.
39. Passwords: ZYTE uses One Time Passwords (OTP) to log into managing your subscription and logging in to use ZYTE. Enterprise users may have additional options, and options may be added to the management portal over time
40. Address Book and Profile: You provide us the phone numbers of ZYTE users and your other contacts in your mobile phone address book when you import it into ZYTE for use within the application - usually limited to the installation you are working in (and not server side) unless otherwise specified. Contacts that you add to ZYTE within the ZYTE platform will be stored server side. In all cases, you confirm you are authorised to provide us such numbers to allow us to provide our Services. In addition, you agree that whatever name (or first name, last name) you choose, and other public parts of your profile will be visible to other users of ZYTE when interacting with your user through the platform, or if they have or know your (registered) phone number(s). It is up to you to leave this name field blank and any other parts of your profile, such as profile image blank, if you do not want to share them in this way.
Apps and Third-Party Integrations
To help make your ZYTE experience better, ZYTE services include apps and services made available by other businesses.
41. Other services: Some of our services, such as our mobile apps, are available through other companies’ services, such as The Apple App Store or Google Play Store. For management of your subscription and payment by credit or debit card we use the secure services of Chargebee and Stripe. Other integrations include third party SMS services to initiate a ZYTE call and you are able to use Google Maps and Land Information New Zealand (LINZ) maps during a ZYTE call. These companies may have additional terms that apply to you.
Maintenance, Downtime and Data Loss
We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss.
42. Availability: We strive to maintain the availability of our services 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t always guarantee this will happen each time.
43. Access issues: You know how phone networks and the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
44. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services including the digital assets you create from your ZYTE calls. You can download the digital assets you have on ZYTE cloud and save it to your own system as you see fit.
45. Problems and support: If you have a problem, we have FAQ’s, videos and support articles available through our Website help section that should help you with most situations. If you’ve tried the help section and still need help, you can contact our support team via the contact us page on our website.
46. No compensation: Whatever the cause of any downtime, access issues or data loss, your recourse may be to discontinue using our services if you feel we can not be of help.
47. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
Do’s and don’ts
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.
48. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
49. Limitations: Some of our services may be subject to limits, and these limits may be adjusted from time to time. These limits include limits on the amount of data you store and transfer, the geographical regions for SMS delivery, data retention policy and use and the functions that can be accessed. In general these will be covered by your plan as described when purchased or SLA (where applicable). However, updated limitations may be included from time to time in the TOS, and plan limitations may also change from time to time
50. No-charge or Free Trials: Occasionally we may offer a service at no charge, or a time-limited trial account. Because of the nature of these services, they are provided as-is and you use them at your own risk.
51. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
Undermine the security or integrity of our computing systems or networks.
Use our services in any way that might impair functionality or interfere with other people’s use.
Access any system without permission.
Introduce or upload anything to our services that includes viruses or other malicious code.
Share anything that may be offensive, violates any law, or infringes on the rights of others.
Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
Resell, lease or provide our services in any way not expressly permitted through our services.
Repackage, resell, or sublicense any leads or data accessed through our services.
Commit fraud or other illegal acts through our services.
Use the service in any way other than the intended purpose(s).
Use and/or rely on the service in a way that inappropriately increases risk of harm to people and/or property.
Act in a manner that is abusive or disrespectful to a ZYTE employee, or other ZYTE customer. We will not tolerate any abuse or bullying of our ZYTE employees in any situation and that includes interaction with our support teams.
Termination
You can easily terminate your subscription at Mange Subscription. If you violate these terms, we may terminate your subscription immediately.
52. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by logging into ‘Manage my Subscription” on our website. You will still need to pay all relevant subscription fees up to and including the day of termination.
53. Termination by ZYTE: ZYTE may terminate or suspend your subscription and access to all or any data immediately if:
you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
you breach any of these terms and the breach cannot be remedied, you fail to pay subscription fees, or
you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
54. No refunds: No refund is due to you if you terminate your subscription or ZYTE terminates it in accordance with these terms.
55. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it when reactivating your subscription, but you can get in touch with us to have your data removed completely if you wish.
Liability and Indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
56. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
57. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 57, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
58. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We have no liability arising from your use of our services for any injury or loss of life, loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, damage to reputation, loss in connection with any other contract, legal procedure or documentation, site inspection, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
We have no liability arising from your use of our services to perform a task, where our service was not appropriate, not in the necessary state of function or not used appropriately. Use of ZYTE to perform building inspections, assessments and medical triage is permitted - however ZYTE is not liable in any circumstances for mistakes made in such inspections, assessments and examinations. It is up to the user (who should be an expert in the field) to determine whether the tool provided is sufficient in each instance, as this will not always be the case. Even when the tool is at fault - for example where a GPS location is incorrect, a measurement is incorrect, a vital sign is not correctly measured or a 3D model is not representative of the real world situation - ZYTE has no liability. It is always the responsibility of the operating user and their subscribing account owner (organisation) to ensure that their activities are carried out correctly. ZYTE is not liable for losses or damage related to the usage of the platform and incorrect inspections or medical examinations, even where the tool has not delivered the service as expected
For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
Our total aggregate liability to you in any circumstances is limited to the lesser of:
the total amount you paid us for your subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
$10,000 NZD
Unless specified otherwise in a specific contract or SLA.
Electronic Communications
59. Communicating with you: We may communicate with you about your ZYTE account or our Services electronically, by e-mail at the e-mail address associated with your Account, or through our Services (such as, through pop-ups), or Our blog or Our Website, or over phone. You consent to receive, and acknowledge and agree that you can receive, electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your ZYTE account and your use of our Services, to the email address you provided, or on our Website. You will be considered to have received a Communication from us, if it’s delivered electronically, at the time we post it to our Website or email it to you. If you do not agree to receive Communications electronically, you must stop using our Services.
60. Recording of phone calls with ZYTE staff or agents: You understand and agree that, to the maximum extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
61. ZYTE recordings that you, or your guest user do when using ZYTE: You or your guest user is able to initiate recording of both a ZYTE video recording and audio recording while on a ZYTE Smart Video call. The other partner will be notified on their screen that you have initiated recording. It is up to the person who wants to initiate recording to ask permission and your responsibility to use that recording lawfully.
Disputes
This section outlines how disputes may be resolved.
62. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Important Housekeeping
Here we set out some additional terms. Take a read as they cover important issues.
63. Events outside our control: We do our best to control the controllables. We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
64. Notices: Any notice you send to ZYTE must be sent to info@zyteapp.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
65. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
66. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
67. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
68. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
69. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user.
70. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by logging into Manage my subscription.
71. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
72. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
73. Applicable law: This contract shall be governed by and construed in all respects in accordance with New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts subject to clause 62 (Arbitration and small claims)
You’ve made it to the end. Thanks for reading our terms!