ZIMA Cloud SAL (CR 1026107) owns the proprietary rights for "Zima" ISP management software and website www.zima.cloud (collectively the "Service"). The Service is provided by ZIMA Cloud SAL and/or its affiliates and/or its or their respective successors and assigns (collectively "we" or "Zima") to you (and everyone affiliated with you and/or your company) to whom you provide the right to access the Service ("you" or "your"), subject to the terms of these Terms and Conditions of Use and all modifications thereto, and the other rules that may be published from time to time by us ("Terms and Conditions" or "Agreement"). From time to time we may notify you of updates or new versions of the Service. Your usage of the updated or new versions of the Service confirms your acceptance of, and is also subject to, these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not use the Service.
MEMBER RESPONSIBILITIES
To register for the Service, you must complete the registration process by providing Zima with current, complete and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account. You are responsible for safeguarding the confidentiality of the login credentials issued to you by Zima and for any use or misuse of your account resulting from any third-party using a password or username issued to you by Zima. You agree to immediately notify Zima of any unauthorized use of your account or any other breach of security known to you.
INDEMNIFICATION
You agree to indemnify, hold harmless and defend Zima, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys' fees, arising from your use of the Zima software, and the Zima website, including but not limited to your violation of this Agreement.
THIRD PARTIES
If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the Third Party.
DISCLAIMER OR WARRANTIES
The Zima software is provided 'as is'. Zima and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Zima nor its contractors makes any warranty that the software or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of the Service is at your own discretion and risk.
LIMITATION OF LIABILITY
The Service and all materials described on the Zima website are provided on an "as is" and "as available" basis. Zima makes no warranties of any kind to the operation of this Service but does guarantee providing quality services as described. In no event will Zima be liable for suitability, merchantability, or usability of the services developed and delivered. By using the Service, you agree to indemnify, defend and hold harmless Zima and its partners, affiliates, and customers against any claim, demand, action, or other proceeding based on or arising from use of the software or website, and any act made by yourself or your company.
FEES and SERVICES
Zima offers a range of subscriptions available on either monthly or annual prepaid, non-refundable contracts. All contracts will automatically renew for the same term using the payment method on file unless the client changes or discontinues service prior to the renewal date listed in the Member's Area. All service upgrades are effective immediately, while downgrades are effective as of the next renewal date. Zima may change its fee structure and/or provide an upgrade service at any time with notice, in which case new rates will be in effect as of the next renewal period.
PAYMENT METHODS
We are currently accepting payments online. You can only use Visa or Mastercard for the moment. Your payment is processed through a 3rd Party payment Gateway over a 128-bit Secure Socket Layer (SSL) connection. Any use of stolen Credit Cards or any fraudulent attempts will cause the immediate stopping of the license without prior notice.
SERVICE LEVELS
Zima does not guarantee the software or the website will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeure.
PROPRIETARY RIGHTS NOTICE
The Service, which includes but is not limited to the Zima software and all intellectually property rights in the Service, will always be the property of Zima. Zima grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy, and use the Service. You may use the Service subject to acceptance of the terms of this Agreement.
Zima allows you to customize your own template to cope with your branding needs. However, you will not, nor will you, allow any third party to reverse engineer and/or create derivatives of the Service, using any method possible.
You will not, nor will you, allow any third party to modify the Service in any way. You will use the Service solely for your personal or commercial use and will not make the Service available for any type of external service such as, but not limited to, an application service provider.
TERMINATION
Zima may terminate the Service and/or website access at any time and for any reason without notice. If you wish to terminate this Agreement or your service, you may simply stop using the Service or stop accessing the website. However, although this agreement may terminate between Zima and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
MODIFICATIONS
Zima reserves the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service and access to the Zima website following the changes in these Terms constitutes acceptance of those changes.
MISCELLANEOUS
Zima shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Zima concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed in accordance with the Lebanese law and shall be subject to the exclusive jurisdiction of the competent Courts in Lebanon. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
Last updated: October 25, 2023