TERMS OF USE 

TERMS OF USE 

 

Effective: October 23, 2024 

INTRODUCTION TO THE TERMS OF USE  

These Terms of Use (hereinafter referred to as the “Terms”) constitute the agreement between you and XiMAD Inc., a company organized under the laws of the State of Delaware, USA, doing business as ZiMAD and operating under the laws of the USA (“ZiMAD,” “we,” “us”). These Terms govern your access to and use of our mobile and PC game applications (the “Games”), websites, and all related content, products, features, and functionalities (collectively the “Services”). 
Please read these Terms carefully before using our Services.  

You accept these Terms by creating an account with ZiMAD for using the Services, through your access, use of the Services, or by continuing to use the Services after being notified of a change to these Terms. If you do not agree to these Terms, or if you do not want us to collect, use, disclose, share, or otherwise process your information in the ways described in our Privacy Policy, you must not use our Services, or you must stop using our Services if you have already started using them.  

By accessing, using the Services, or creating an account with ZiMAD, you represent that you have either reached at least 18 years old or the age of majority in your jurisdiction, or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the account or Services, including purchases, whether the minor’s account is now open or created later. 

If you access our Services through a third-party platform (such as Google Play, Apple App Store, or Amazon Appstore) or website, you must comply with their policies in addition to these Terms. 

You may not use the Services if United States law or other applicable laws preclude you from receiving products, including services or software, from the United States. 

This agreement supersedes any prior agreements or understandings between you and ZiMAD regarding the Services.  

 

1. CODE OF CONDUCT 

You are accountable for your conduct and content when using the Services. By accepting these Terms, you agree to abide by the following rules during your use of the Services. 

(a) Legal Compliance 

i. Don’t engage in illegal activities. 

ii. Comply with all applicable laws and regulations. 

(b) Child Protection 

Don’t engage in any activity that exploits, harms, or threatens to harm children. 

(c) Content Restrictions 

Don’t generate, publicly display, or share inappropriate content or material, including nudity, bestiality, pornography, offensive language, graphic violence, self-harm, criminal activity, or discriminatory or hateful material. 

(d) Account Creation, Usage, and Integrity  

Account Creation  

i. Create an account only for yourself. 

ii. Provide accurate, current, and complete information when you register. 

iii. Don’t create fake accounts or accounts through unauthorized means, including automated devices, scripts, bots, spiders, crawlers, or scrapers.
 

iv.

Account Usage  

v. You are solely responsible for any activity that occurs through your account. Don’t use your account for illegal or unauthorized purposes. 

vi. Don’t try to stop or restrict other users from enjoying the Services or encourage violation of these Terms of Use. 

Account Integrity and Security  

vii. Keep your account information up-to-date and accurate at all times. 

viii. Don’t sell, transfer, license, or assign your account, followers, username, or any account rights. 

ix. Protect your account with a strong, unique password (if applicable), and do not share your login credentials with anyone.

x. In the event of an unauthorized use of your account, take immediate action to secure your account: change your password and unlink your account from compromised third-party services.  

 

(e) Privacy and Security 

i. Don’t engage in activity that violates the privacy of others. 

ii. Don’t engage in activity that can threaten the security of ZiMAD, the Services, or others or be harmful to you, us, the Services, or others, such as: 

• Spam: sending unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications; 

• Phishing: sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, identification numbers (SSN and others), passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit. 

• Malware: any activity designed to compromise the confidentiality, integrity, or availability of the victim’s data, applications, or operating system or of otherwise annoying or disrupting the victim. Malware includes, for example, ransomware, Trojan horses, and spyware. 

• Unwanted Content or Ads: displaying unsolicited commercial content through the Services.

iii. Don’t engage in fraudulent, false, or misleading activities (for example, asking for money under false pretences, manipulating the Services to increase play count, or affecting rankings and ratings). 

 

(f) Respectful Behavior 

i. Don’t violate or infringe upon the rights of others (like sharing or making available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity). 

ii. Don’t attempt to restrict another user from using or enjoying the Services, and don’t encourage or facilitate violations of these Terms of Use. 

iii. Don’t defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate other people or legal entities. 

 

(g) Technical Restrictions 

i. Don’t circumvent restrictions on access or usage of the Services. 

ii. Don’t attempt to hack systems; 

iii. Don’t copy or reproduce (except as we expressly permit it), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services. 

iv. Don’t scrape, harvest, or otherwise extract data from the Services. 

 

(h) Third–Party Services 

v. Use third-party apps and services at your own risk. 

vi. Review and comply with third-party terms and privacy policies. 

By following this Code of Conduct while using our Services, you help create a safe and respectful environment for everyone.  

Non-Compliance Consequences.  Failure to comply with this Code of Conduct (or any other aspect of these Terms) may, at our sole discretion, result in the suspension or termination of your Account and access to the Services (or any part of them), and/or subject you to any of the penalties identified in these Terms or available under applicable law.  

 

2. YOUR PRIVACY  

We respect your privacy. Please read our Privacy Policy (https://zimad.com/policy/). It describes the types of data we collect from you and your devices (the “Data”), how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to ZiMAD’s collection, use, and disclosure of the Data as described in the Privacy Policy .  

 

3. YOUR USER CONTENT 

(a) User Content and Your Responsibilities 

The Services may allow or enable you and other users to create, submit, post, display, transmit, perform, publish, share, or distribute materials, data, information, communications, pictures, sounds, your feedback, suggestions regarding any features, functionality, or performance of the Services and other content (collectively the “User Content”) through email or various functionalities of the Services, including online forums, message boards, social media platforms, messaging services, and blogs. Your User Content remains your property, and you are responsible for it. You represent and warrant that throughout the duration of these Terms: 

1. You have all the rights necessary for your User Content to be uploaded, stored, or shared on or through the Services. 

1. Your User Content does not violate any laws or the rights of others. You confirm that you have obtained all necessary permissions from third parties whose information or intellectual property is included in your User Content. 

You agree to pay for all royalties, fees, and any other monies owed by reason of Your User Content you post on or through the Services. ZiMAD cannot be held responsible for your User Content or the material others upload, store, or share using the Services. 

(b) Sharing Your User Content with Others 

When you share your User Content through our Services, you understand that others may use it on a worldwide basis without compensating you. If you do not want others to have this ability, please do not share your User Content using the Services. 

(c) Granting Us a License to Use Your User Content 

By making your User Content available on or through our Services, you grant us a worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free intellectual property license to use your User Content. This includes the rights to: 

• Copy and reproduce 

• Adapt and modify 

• Prepare derivative works 

• Publish and distribute 

• Display publicly and perform 

• Use in marketing and promotion of the Services 

You acknowledge that we can use your User Content without notifying you or compensating you. You also grant us the unconditional right to use your name, likeness, and any other information related to your User Content without any obligation to you. Except where prohibited by law, you waive any rights of attribution or moral rights you may have regarding your User Content. 

(d) Our Right to Monitor User Content 

We reserve the right—but not the obligation—to monitor the Services and the conduct of other users. We are not responsible for—and do not endorse—information or materials provided by you to other users or provided by other users to you, including all User Content. We have the right to monitor, record, edit, remove, or refuse to post any User Content for any reason. Depending on applicable law, you may be able to appeal or seek clarification regarding our content moderation decisions. If applicable, you may exercise this right by contacting our Support at support@zimad.com. By using our Services, you provide your unconditional consent to such monitoring and moderation. 

(e) Advertisements and Your User Content 

Some of the Services are supported by advertising and may display advertisements and promotions (collectively the “Advertisements”). You agree that ZiMAD may place Advertisements in the Services or in conjunction with your User Content.  

Our Privacy Policy explains what information we share with third parties for Advertisements. Please read our Privacy Policy carefully. 

 

4. ACCOUNT 

(a) Creating an Account 

To access or use some of our Services, you may need to create an account with us (the “Account”) or sign in through a third-party platform. You must provide accurate, complete, and up-to-date account information to us and any related third-party platforms. 

(b) Use of Your Account 

You shall use your Account exclusively to access and use the Services in full compliance with these Terms and the applicable policies and guidelines of third-party platforms. You are solely responsible for all activities that occur under your Account, whether or not you are aware of them. Additionally, you may not authorize others to use your Account, nor may you rent, give away, or make your Account available to others. You may not purchase, sell, or otherwise transfer your Account or these Terms to any other person or entity. 

(c) Security of Your Credentials 

For security purposes, you agree to take all necessary steps to protect your account credentials (such as login details for your Account with us or third-party platforms, including social media) and not disclose them to anyone. 

 

(d) Responsibility for Unauthorized Access 

If you fail to keep your account credentials confidential or if you share your login details with someone else (intentionally or unintentionally), you accept full responsibility for the consequences (including any unauthorized purchases or transfers). 

 

(e) Ownership of Your Account 

You acknowledge and agree that you have no ownership or property interest in the Account you create with us. ZiMAD is the sole owner of Your Account. 

 

(f) Closing Your Account 

Closing Your Account by you 

You can close your Account at any time and for any reason. To do that, please contact our Support team at support@zimad.com.  

 

Closing (Suspension, Termination) of Your Account by Us 

To the fullest extent permitted by applicable law, we may suspend, terminate, modify, or delete your Account if we suspect or determine, at our sole discretion, that you have failed to comply with any of these Terms or have engaged in illegal activity or improper use of our Services. Such actions may result in the loss or termination of your Account, including loss of information, rankings, benefits, Virtual Items, or in other losses. To the fullest extent permitted by law, we are not liable for any losses incurred and have no obligation to compensate you for such losses. 

Additionally, we may close your Account if we cease offering and/or supporting our Services or any portion thereof, including but not limited to any specific Game, at any time and for any reason consistent with applicable law. 

To keep your Account active, please log in at least once a year. If your Account remains inactive for a year or more, we reserve the right to terminate it at our reasonable discretion. 

Unless required by applicable law or third-party platform policy, we are not obligated to notify you in advance of these actions or to provide any refunds, compensation, or other benefits for closing your Account. 

 

The Effects of Closing your Account 

You understand and agree that the closing of your Account will result in the following consequences: 

1. Your right to use the Account to access the Services stops immediately. 

1. We will delete Your User Content associated with your Account or will otherwise disassociate it from you and your Account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you, or unless we use your User Content or any part of it in accordance with the terms set out in clause 3(c), “Granting Us a License to Use Your User Content”). 

1. You may lose access to Virtual Items that you have acquired.  

 

 

5. ELIGIBILITY TO USE THE SERVICES 

To use the Services, you must be at least 18 years old or the age of majority in your jurisdiction and not be barred from using the Services under applicable law. If you are under 18 years of age or under the age of majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. 

6. OUR PROPRIETARY RIGHTS. LICENSE TO USE THE SERVICES 

(a) Proprietary Rights 

All legal rights, titles, and interests in all elements of the Services are and shall remain the property of ZiMAD or its licensors and legal successors. This includes all intellectual property associated with the Services and their content, the technology and software used to provide the Services, any enhancements or derivative products or services, and all other aspects of the Services. We reserve all rights not expressly granted to you under the Limited License as described in the section below. Our rights are protected by copyright, trademark, patent, trade secret, and other laws.   

 

(b) Your Limited License to Use the Services 

Subject to your acceptance of and continued compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services exclusively for your personal, non-commercial entertainment. You agree not to use the Services for any other purpose, including any commercial or non-personal use. Furthermore, you agree not to modify, create derivative works from, decompile, or attempt to extract source code from any part of the Services. You also agree not to remove, alter, or conceal any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.  

This Limited License does not grant you any rights to use or reference ZiMAD or its licensors’ company names, logos, product and service names, or marks. 

(c) Our License to Your Feedback 

If you provide suggestions regarding any features, functionality, or performance of the Services that we choose to implement, such features, functionality, and performance will be automatically assigned to us under these Terms and will become our exclusive property. To the extent permitted by applicable law, you waive any moral rights you may have concerning such suggestions and feedback. 

(d) Consequences of Violations 

Any unauthorized use of the Services or violations of these Terms will terminate this Limited License and may result in the immediate suspension or termination of your Account, with or without prior notice.  

If you violate these Terms or any other applicable policies (e.g., third-party platform policies and guidelines), we may, at our sole discretion, suspend or terminate your Account or take other lawful actions with or without prior notice. 

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES—INCLUDING BUT NOT LIMITED TO UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SERVICES—CONSTITUTES A VIOLATION OF THESE TERMS AND MAY BE SUBJECT TO CRIMINAL OR CIVIL LAWS. 

 

7. IN-APP PURCHASES, REFUNDS, AND SUBSCRIPTIONS 

(a) In-App Purchases and Virtual Items 

The Services do not require any purchases; however, they may offer opportunities to make in-game purchases or earn virtual items, including virtual coins, tokens, points, or other goods (collectively referred to as “Virtual Items”). Should you choose to purchase Virtual Items, you will pay a fee using real currency to obtain a limited, personal, non-transferable, revocable license to use these items within the Services solely for personal, non-commercial entertainment. Virtual Items have no real-world monetary value and cannot be redeemed, transferred to other users or games, or exchanged for real money or goods. We provide Virtual Items exclusively for added entertainment value within our Services. 

You acknowledge that pricing for Virtual Items may fluctuate and vary over time and for different users. While you may “earn” or “purchase” Virtual Items in our Services, you do not legally “own” them; the amounts of any Virtual Items do not represent real money or any credit balance in actual currency. We retain ownership of your Account and any associated Virtual Items. The quantities of Virtual Items or any virtual currency displayed in your Account hold no value outside the Games and merely reflect the extent of your limited license. We reserve the right to modify or remove Virtual Items and their pricing at our discretion, with or without notice. 

You are prohibited from transferring Virtual Items outside of the Services (e.g., in the “real world”), including selling, gifting, sublicensing, trading them, or otherwise offering them to anyone in exchange for any value or free of charge. Any such unauthorized transfer attempts will be void and may result in Account termination. 

 

(b) Third-party Platforms 

Purchases of Virtual Items made through our Games on third-party platforms will be governed by those platforms’ payment terms. We do not control how payments are processed on third-party platforms and are not liable for any payment processing issues. By ordering Virtual Items, you offer to obtain a limited license for those items. Your Limited License begins upon payment acceptance. Virtual Items will remain in your Account until used within the Services or surrendered due to service termination. 

(c) Payment Terms. Refunds 

When purchasing Virtual Items or other available content, you agree to pay us or through a third-party platform the applicable charges for your purchase, including any taxes incurred by you or anyone using your Account. Payments will be processed using a valid payment method accepted by us or the relevant third-party platform according to the billing terms in effect at the time of payment. 

All sales of Virtual Items and related content are final. Requests for refunds from third-party platforms must follow their specific terms. In case of refund, payment processor’s standard terms and conditions regarding refunds shall apply. User refunds are exclusive of taxes previously charged to users for product purchases. 

Unless stated otherwise by law, by a specific Service offer, or the policies of third-party platforms, all purchases of Virtual Items are final and non-refundable. Refunds will not be issued for any charges that are more than 3 (three) days old. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are not obligated to provide the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.  

You understand that a violation of these Terms may result in the loss of access to Virtual Items and may lead to Account termination without a refund. 

 

(d) Subscriptions 

We may offer subscriptions or a VIP experience (collectively the “Subscriptions” or “Subscription”). You will be presented with subscription-specific terms at the time you choose to sign up for a particular Subscription.
Some Subscriptions may involve recurring payments for access to Services and Virtual Items (“Recurring Subscriptions”). By purchasing a Recurring Subscription (or activating a free trial that converts to a paid subscription), you request immediate access to Subscription services and enter into a periodic subscription agreement with us. Your Recurring Subscription will automatically renew at the end of each billing cycle unless cancelled by you. On renewal dates (or when a trial converts), we will charge your associated payment method plus applicable taxes until cancelled.  

Pricing for Subscriptions may change at any time at our discretion.  

If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged for continuing the Service(s) at the end of the trial period. 

 

(e) Subscription Cancellation 

You can cancel subscriptions purchased through third-party platforms; cancellation must be made directly through those platforms in accordance with their terms. Please direct your cancellation communication to them. 

Except where required by law, subscription payments are non-refundable and there will be no refunds for partially used periods. 

 

8. THIRD-PARTY RESOURCES 

The Services may allow you to access services, websites, links, content, materials, integrations, bots, or applications (collectively the “Third-Party Resources”) from third parties.  

You agree that when accessing the Third-Party Resources, you may be required to comply with the applicable terms and privacy policies (privacy notices). We encourage you to read them carefully before using any Third-Party Resources. 

You understand and agree that your use of Third-Party Resources is at your own risk. You accept full responsibility for and assume all risks associated with your use of any Third-Party Resources. We do not control Third-Party Resources and provide them solely for your convenience. 

 

9. TERMINATION OF THE SERVICES 

Without limitation to any other remedies and to the fullest extent permitted under applicable law, we may suspend, terminate, delete, limit, or modify access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services.  

Consistent with applicable law, we reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular Game, at any time for any reason at our discretion. If this occurs, your license to access or use the applicable Services will automatically terminate, and you may lose access to any Your User Content that you may have submitted or were in the process of submitting.  

Unless required by applicable law or app store policy, we are not required to notify you in advance of these actions or to provide you with any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.

Upon any termination or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including warranty disclaimers, limitations of liability, and dispute resolution provisions. 

 

10. UPDATES TO THE SERVICES AND CHANGES TO THE TERMS 

(a) Updates and changes to the Services  

From time to time we may update, improve, enhance, conduct testing, and further develop the Services. You understand that these improvements, enhancements, or tests may impact your user experience. From time to time, we may make you update your software or hardware to continue to use our Services. You may allow automatic updates, so the Services may also automatically download and install updates. If you do not want to download and install updates automatically, you can turn off automatic updates at any time through the settings or similar features of your device.
You understand that our Services evolve over time. We may, at any time, at our sole discretion, modify, add, or remove some of the features or functionality of the Services or any portion of them. To the extent required by applicable laws, we have no obligation to provide a re-download or replacement of any User Content or Virtual Items. 

We may, in our sole discretion, limit, suspend, prohibit, modify access to our Games and other Services or any portion of them; or delay or remove hosted content. Unless required by applicable law, we are not obligated to compensate you for any losses or results that may occur. 

 

(b) Changes to the Terms 

We may change these Terms at any time, and we will notify you when we do by posting the modified Terms. In addition, we may notify you directly through the Services.  Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your Account. 

 

11. WARRANTY DISCLAIMERS AND LIMITATION OF OUR LIABILITY 

Nothing in the Terms is intended to affect the statutory rights of any consumer, if they are applicable. Additionally, in jurisdictions that do not allow the exclusion of certain warranties or the limitation of certain liabilities, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions. 

 

(a) Warranty Disclaimers 

• You understand that we provide the services on an “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”  

• You expressly agree that you access and use the Services at your own risk.  

• To the extent permitted by applicable law, We, ZiMAD (including our employees, contractors, managers, officers, or agents), and our affiliates, resellers, distributors, third-party apps and services providers, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the Services, to the operation of the Services, or the content, products, materials, software, or other services included on or otherwise made available through the Services.   

• You acknowledge that computer and telecommunications systems are not fault-free and that occasional periods of downtime occur. This means that the performance of the Services may be affected by your hardware, software, internet access, or other factors, each of which we do not control.  We do not guarantee the accuracy or timeliness of the Services.  

• To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.  

• We make no warranty that the Services will meet your requirements, or be secure, or uninterrupted, that defects will be corrected, or that you will not encounter any connectivity problems or other technical issues. 

• We make no representations or warranties with respect to the quality, accuracy, timeliness, truthfulness, completeness, usefulness, or reliability of any information (including any instructions), content (including User Content), materials, products, or other services included on or otherwise made available through the Services. 

 

(b) Limitation of Our Liability  

Where you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from ZiMAD (including our employees, contractors, managers, officers, or agents) or any affiliates, resellers, distributors, third-party apps and services providers, and vendors, direct damages up to $100.00. To the full extent permissible by law, this is aggregate (or total) liability of us, ZiMAD (including our employees, contractors, managers, officers, or agents), and any other party, including our affiliates, resellers, distributors, third-party apps and services providers, and vendors, to you arising out of or relating to these Terms, your relationship with us, or your use of or access to the Services. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Services, or the software related to the Services. 

In addition, to the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating, producing, or delivering the Services and any other party, including our affiliates, resellers, distributors, third-party apps and services providers, and vendors), will be liable:  

• For any damage to any user’s computer, mobile device, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the application). 

• For the conduct of third parties, including other users of the Services, the User Content, and any operators of external platforms, apps, products or services, websites, or resources.   

• For your use of, inability to use, or the performance of the Services, including due to errors or omissions in the Services’ operation. 

• For any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the Services; in connection with copyright or other intellectual property owners. 

• For any loss, damage or injury, including, without limitation, death or personal injury. 

 

12. YOUR INDEMNIFICATION OF US 

To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless ZiMAD (including our employees, contractors, managers, officers, or agents) and any affiliates, resellers, distributors, third-party apps and services providers, and vendors licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the following: 

• Your breach or violation of these Terms of Use; 

• Your use of the Services or any part of them; 

• Your posting, sharing of your User Content;  

• Any misrepresentation or covenants made by you. 

You agree to cooperate as fully required by ZiMAD in the defence of any claim. ZiMAD reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ZiMAD. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. 

 

13. GOVERNING LAW AND VENUE  

These Terms are governed by, construed in accordance with the laws, and all claims or defences based on, arising out of, or related to these Terms or our relationship under these Terms shall be governed by and enforced in accordance with the internal laws of the State of Florida, without giving effect to any principles of conflicts of law.  

Any disputes not subject to the Agreement to Arbitration set forth in these Terms shall be heard only in the state or federal courts located in Broward County, Florida, unless we mutually agree to some other location.  Each of us consents to venue and personal jurisdiction in Broward County, Florida, for purposes of any such action. You agree to resolve any dispute you have with ZiMAD exclusively in a state or federal court located in Florida, for the purpose of litigating all such disputes. 

 

14. INFORMAL DISPUTE RESOLUTION 

At ZiMAD, we value our players and are committed to resolving any disputes efficiently and amicably. If a dispute arises between you and us, we agree to attempt to resolve it informally before pursuing any further action. 

The term “Dispute” is interpreted broadly and includes any claim or controversy concerning the Services, the software related to the Services, pricing, your Account, marketing, advertising, communications, purchase transactions, billing, or these Terms (as amended). This also includes any claims that arose before the existence of these or any prior Terms under any legal theory, including contract, warranty, tort, statute, or regulation, matters relating to the enforcement or validity of intellectual property rights held by you, your licensors, us, or our licensors. 

If a Dispute arises between you and us, before initiating any arbitration or court proceeding, you agree to follow these steps: 

1. Contact Customer Support: If you have concerns or issues with our Services, please contact our Customer Support team at support@zimad.com. Most user concerns can be resolved this way. 

1. Submit a Notice of Dispute: If your issue remains unresolved after contacting Customer Support and you wish to pursue further action, you agree first to send a Notice of Dispute to XiMAD Inc., 2252 Hayes St., Hollywood FL 33020, USA, or submit the form electronically to support@zimad.com with the subject line: “Legal.” The Notice of Dispute must include: 

• A detailed description of the nature and factual basis of your Dispute. 

• The relief you seek (including a good-faith estimate of the specific amount in dispute). 

• A reference to any related support ticket and sufficient information to identify your Account (such as your user ID). 

Please ensure that your Notice of Dispute only includes your individual personal claims and cannot be combined with claims from other individuals. 

You and we agree to try for 60 days, upon receipt of a Notice of Dispute by ZiMAD, to resolve a Dispute informally. 

After submitting your Notice of Dispute, you agree to participate in discussions with us via email, phone, or video conference regarding your individual claim. You agree to engage in these discussions personally and in good faith. 

If a Dispute related to your Notice of Dispute remains unresolved through an Informal Dispute Resolution Process as described above, you may pursue other legal remedies available to you under applicable law. 

 

15. TERRITORIAL RESTRICTIONS 

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ZiMAD to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services, or any portion thereof, to any person, geographic area, or jurisdiction at any time and at our sole discretion. 

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list and comply with all domestic and international export laws and regulations that apply to the software and/or Services. 

 

16. MISCELLANEOUS 

(a) Entire Agreement  

This is the entire agreement between you and ZiMAD for your use of the Services. It supersedes any prior agreements between you and ZiMAD regarding your use of the Services.  

(b) Severability   

All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will not change.  

(c) No Assignment or Transfer by You   

You may not assign your rights or obligations under these Terms or transfer any rights to use the Services without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, at any time without notice to you.   

(d) No Waiver  

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.   

 

17. NOTICES  

We may give notice to you by: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number connected with your Account; or (iii) written communication sent by mail to any address connected with your Account.  

If you have any questions about these Terms or the Services, or if you wish to provide notice, please contact us at support@zimad.com (and any additional email specified in these Terms for particular notices) or at the address below: 

XIMAD lnc.,  

2252 Hayes St. Hollywood FL 33020, USA.