Terms And Conditions

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of Zamartz’s website, SaaS products, and consulting services (collectively, the “Services”). By accessing or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.

Contracts Take Precedence. If you have entered into a separate written agreement with Zamartz—such as a Master Services Agreement (“MSA”), Statement of Work (“SOW”), Retainer Agreement, Order Form, or Proposal Document—that agreement controls to the extent of any conflict with these Terms, the Privacy Policy, or any public-facing policy (including Returns & Refunds).

2. Eligibility

To use our Services, you must be at least 18 years old and legally capable of entering into binding agreements.

By using the Services on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.

3. License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our website and SaaS platforms for lawful purposes consistent with these Terms.

You agree not to:

Copy, reproduce, distribute, or create derivative works of our content or software.
Reverse-engineer or attempt to extract source code.
Interfere with the security or performance of the Services.
Use the Services to violate laws or infringe the rights of others.

We reserve the right to monitor and restrict usage to ensure compliance and protect our systems.

4. Account Registration

To access certain features, you may need to create an account.

You must provide accurate, current information and maintain its accuracy.

You are responsible for safeguarding your credentials and all activity on your account.

Notify us immediately at contact@zamartz.com if you suspect unauthorized use or a security breach.

We reserve the right to suspend or terminate accounts that violate these Terms or our security standards.

5. Subscriptions and Payments

A. Billing. Some Zamartz services operate on a subscription or recurring billing model. You authorize Zamartz and its payment processors (e.g., Stripe, PayPal) to charge your chosen payment method for all fees due. Billing cycles may be monthly or annual, depending on your plan. Subscriptions renew automatically unless canceled before the renewal date.

B. Fee Changes. We may modify pricing or billing terms from time to time. Any change will take effect in your next billing cycle, with reasonable prior notice where required by law.

C. Refunds. Website purchases of digital products or self-serve SaaS subscriptions may be eligible for refunds as described in our Returns and Refund Policy. Refunds are not available for successful downloads/use, change-of-mind, or issues caused by third-party systems, unless required by law.

D. Contracted Engagements (MSA/SOW). For custom projects or managed services governed by an MSA/SOW (including deposits, milestones, retainers, late fees, and non-refundability): the MSA/SOW governs fees, refunds, and cancellations. These website billing terms do not modify any executed MSA/SOW.

6. Project Engagements and Deliverables

For consulting, custom development, AI/ML solutions, advertising management, or other professional services:

Scope, fees, and deliverables are defined in the applicable SOW/Order Form and governed by the MSA.
Intellectual property ownership and licenses follow the SOW/MSA. Unless otherwise agreed in writing, client-owned deliverables exclude Zamartz pre-existing materials and tools, for which Customer receives only the licenses set out in the SOW/MSA.
Client data and access provided to perform services will be used solely to fulfill the contract, handled per industry security standards, and otherwise governed by the MSA/SOW and our Privacy Policy.
Deposits and milestones are invoiced and due per the SOW/MSA and may be non-refundable once work begins, unless your SOW states otherwise.

7. Intellectual Property

All content, software, source code, documentation, and designs available through the Services are the exclusive property of Zamartz or its licensors.

You may not copy, reproduce, modify, or distribute any part of the Services without our written consent.

All Zamartz names, logos, and trademarks are protected by applicable laws and may not be used without authorization.

8. User Content and Feedback

If you submit feedback, comments, or suggestions regarding Zamartz products or services, you grant us a non-exclusive, perpetual, royalty-free license to use that feedback for product improvement or development.

You retain ownership of your original material but waive any claim to compensation for our use of such feedback.

9. Third-Party Links and Integrations

Our Services may include links or integrations with third-party sites or tools, such as analytics platforms, payment processors, or hosting providers.

Zamartz is not responsible for the content, accuracy, or practices of third parties.

You are encouraged to review the terms and privacy policies of any third-party service you interact with.

10. Data Protection and Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data and how cookies/trackers are used.

Enterprise Clients. For customers under an MSA/SOW, the collection, use, processing, and retention of client-provided data (including any end-customer data processed on your behalf) are governed by the MSA/SOW. In that context, Zamartz acts as a service provider/processor under applicable privacy laws, and you are responsible for end-user notices/consents where required.

11. Cookies and Tracking Technologies

We use cookies, analytics, and similar technologies to operate our website, improve performance, and personalize content and advertising. Providers may include Google Analytics 4, Meta, LinkedIn, Outbrain, Cirql, Twitter, PayPal, and Google Ads.

A. Types of Cookies. Essential, Performance, Analytics, Advertising/Marketing, and Social Media.

B. Dynamic Cookie List. The current cookie inventory—each cookie’s name, purpose, description, provider, and retention period—is maintained dynamically on this page:

C. Managing Cookies

You can control cookies via your browser settings; disabling some may affect functionality. Our systems honor Do Not Track and Global Privacy Control where technically feasible. See our Privacy Policy for details.

Client Deployments. Where Zamartz deploys tracking or analytics for a client engagement, Zamartz acts under the client’s instructions and the client is responsible for end-user disclosures and consents required by law.

12. Copyright and DMCA Policy

Zamartz respects intellectual property rights.

If you believe your copyrighted work has been used without authorization, please send a detailed notice to:

Email: contact@zamartz.com

Subject line: “DMCA Takedown Request”

Include:

Your name and contact information.
A description of the copyrighted work.
The specific URL(s) of the alleged infringement.
A statement under penalty of perjury that the use is unauthorized.
Your physical or electronic signature.

We may remove or disable access to content that infringes on intellectual property rights and terminate accounts of repeat offenders.

13. Limitation of Liability

To the fullest extent permitted by law:

General Site/SaaS Use (No MSA/SOW). Zamartz will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; or for lost profits, revenue, data, goodwill, or business interruption. Our total liability for any claim will not exceed the greater of US$100 or the amounts you paid for the Services giving rise to the claim in the 12 months preceding the event.
Contracted Clients (MSA/SOW). If you have an MSA/SOW, the liability caps, exclusions, and remedies in that agreement supersede this Section for all claims arising from the contracted Services.

Some jurisdictions do not allow certain limitations; in such cases, these limitations apply only to the extent permitted by law.

14. Disclaimers

Our Services are provided “as is” and “as available.”

Zamartz makes no warranties, express or implied, regarding reliability, availability, or fitness for a particular purpose.

We do not guarantee that the Services will be error-free, uninterrupted, or free from harmful components.

You use our Services at your own risk.

15. Indemnification

You agree to indemnify and hold harmless Zamartz, its affiliates, officers, employees, and contractors from any claim, liability, damage, or expense (including attorney fees) arising from your use of the Services, your violation of these Terms, or any infringement of third-party rights.

16. Governing Law and Dispute Resolution

(revised)

These Terms are governed by the laws of New York, USA, without regard to conflict-of-law principles.

Informal Resolution. Please first contact us via the Contact Form to attempt informal resolution.

Arbitration / Venue. Unless your MSA/SOW specifies otherwise, disputes that cannot be resolved informally will be resolved by binding arbitration in New York County, New York, administered by the American Arbitration Association (AAA), and you waive any right to class actions or jury trials. If a court determines arbitration does not apply, you agree to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York.

Contract Control. If you have an MSA/SOW that includes different dispute resolution or venue provisions, those provisions control for disputes arising from the contracted Services.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law.

You may terminate your account by discontinuing use and requesting closure through our Contact Form.

Sections on intellectual property, limitations of liability, and dispute resolution will survive termination.

18. Modifications

We may update these Terms periodically to reflect operational or legal changes. The revised version will be posted with a new effective date. Your continued use after updates constitutes acceptance of the updated Terms.

No Amendment to Executed Contracts. Updates to these Terms do not amend any executed MSA, SOW, Retainer Agreement, or Order Form unless a change is expressly agreed in a signed writing by both parties.

19. Contact Us

If you have any questions about these Terms, please contact us at: