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ZeroScam
ZeroScam

ZeroScam

Terms of Service

Last Updated: January 15, 2026

Notice of Binding Legal Agreement

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND BLUE HORIZONS TECHNOLOGIES LLC, A WYOMING LIMITED LIABILITY COMPANY (“COMPANY”). BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

THIS AGREEMENT CONTAINS:

  • A BINDING ARBITRATION PROVISION (SECTION 15)
  • A CLASS ACTION AND JURY TRIAL WAIVER (SECTIONS 15.6 AND 14.3)
  • LIMITATIONS ON LIABILITY (SECTION 12)
  • DISCLAIMERS OF WARRANTIES (SECTION 11)

THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.

Recitals

WHEREAS, the Company has developed and operates a proprietary scam detection and analysis platform (the “Service”);

WHEREAS, User desires to access and use the Service subject to the terms and conditions set forth herein;

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to User's access to and use of the Service;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE IDEFINITIONS

Section 1.1Defined Terms.

As used in this Agreement, the following terms shall have the meanings set forth below:

(a) “Affiliate” means, with respect to any Person, any other Person that directly or indirectly Controls, is Controlled by, or is under common Control with such Person.

(b) “Agreement” has the meaning set forth in the preamble.

(c) “Applicable Law” means all applicable federal, state, local, and foreign laws, statutes, ordinances, regulations, rules, orders, judgments, decrees, and other requirements of any Governmental Authority.

(d) “Arbitration Rules” means the Consumer Arbitration Rules of the American Arbitration Association then in effect.

(e) “Authorized Purpose” means the use of the Service solely for analyzing communications to identify potential scam or fraud indicators for personal, non-commercial, informational purposes.

(f) “Business Day” means any day other than a Saturday, Sunday, or a day on which banks are authorized or required to be closed in the State of Delaware.

(g) “Claims” means any and all claims, demands, actions, causes of action, suits, proceedings, investigations, audits, assessments, judgments, awards, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and expert witness fees).

(h) “Company” means Blue Horizons Technologies LLC, a Wyoming limited liability company, and its successors and permitted assigns.

(i) “Company Parties” means the Company and its Affiliates, and their respective officers, directors, managers, members, shareholders, employees, agents, representatives, licensors, service providers, contractors, successors, and assigns.

(j) “Confidential Information” means any non-public information concerning the Service, including without limitation: (i) algorithms, detection methodologies, scoring mechanisms, and rule sets; (ii) software, source code, and technical specifications; (iii) business plans, strategies, and financial information; (iv) user metrics and analytics; and (v) any information designated as confidential.

(k) “Content” means any text, messages, images, files, data, or other materials submitted by User to the Service for analysis.

(l) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract, or otherwise.

(m) “Dispute” has the meaning set forth in Section 15.1.

(n) “Effective Date” means the date User first accesses or uses the Service.

(o) “Fees” means any fees, charges, or payments due to the Company for access to or use of the Service.

(p) “Force Majeure Event” means any event beyond the reasonable control of a party, including without limitation: acts of God; natural disasters; war; terrorism; riots; civil unrest; embargoes; acts of governmental authorities; fire; floods; earthquakes; epidemics; pandemics; labor disputes; power failures; internet or telecommunications failures; and cyberattacks.

(q) “Governmental Authority” means any federal, state, local, municipal, foreign, or other government or governmental or quasi-governmental authority of any nature, including any governmental agency, branch, department, commission, board, bureau, or instrumentality.

(r) “Intellectual Property Rights” means all intellectual property rights, including without limitation: patents; copyrights; trademarks; service marks; trade dress; trade names; trade secrets; know-how; inventions; algorithms; methodologies; processes; techniques; software; databases; and all applications, registrations, renewals, and extensions thereof.

(s) “Losses” means any and all Claims, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of investigation, litigation, settlement, judgment, and appeal).

(t) “Payment Processor” means Stripe, Inc., or any successor payment processing service provider designated by the Company.

(u) “Person” means any individual, corporation, partnership, limited liability company, joint venture, trust, association, unincorporated organization, Governmental Authority, or other entity.

(v) “Privacy Policy” means the Company's privacy policy, as amended from time to time, available at zeroscam.io/privacy.

(w) “Prohibited Conduct” has the meaning set forth in Section 4.2.

(x) “Security Violations” has the meaning set forth in Section 5.1.

(y) “Service” means the ZeroScam™ scam detection and analysis platform, including all features, tools, functionalities, interfaces, software, and documentation, as modified, updated, or enhanced from time to time.

(z) “Subscription” means a recurring payment arrangement for access to premium features of the Service.

(aa) “Subscription Period” means the applicable billing period for a Subscription (e.g., monthly or annual).

(bb) “Term” has the meaning set forth in Section 16.1.

(cc) “Threat Intelligence” means indicators, patterns, signatures, and data derived from detected malicious activity, which may be retained by the Company for defensive and detection purposes.

(dd) “User” means the individual or entity accessing or using the Service.

(ee) “User Data” means any data collected by the Company in connection with User's access to or use of the Service, as described in the Privacy Policy.

ARTICLE IIACCEPTANCE AND ELIGIBILITY

Section 2.1Acceptance of Agreement.

By accessing or using the Service in any manner, User:

  1. acknowledges having read and understood this Agreement in its entirety;
  2. represents and warrants that User has the legal capacity and authority to enter into this Agreement;
  3. agrees to be bound by all terms and conditions of this Agreement;
  4. agrees to comply with all Applicable Law in connection with use of the Service; and
  5. acknowledges and agrees that this Agreement constitutes a binding legal obligation enforceable against User.

Section 2.2Electronic Execution.

User agrees that User's electronic acceptance of this Agreement (including by clicking “I agree,” accessing the Service, or similar action) shall have the same legal force and effect as a manual signature and shall be binding and enforceable. This Agreement satisfies any requirement that this Agreement be in writing.

Section 2.3Eligibility.

User represents and warrants that:

  1. User is at least eighteen (18) years of age or the age of legal majority in User's jurisdiction, whichever is greater;
  2. User has full legal capacity to enter into and perform User's obligations under this Agreement;
  3. User is not located in, under the control of, or a national or resident of any country or territory to which access to or use of the Service is prohibited by Applicable Law;
  4. User is not identified on any Governmental Authority list of prohibited or restricted parties; and
  5. User's access to and use of the Service does not and will not violate any Applicable Law.

Section 2.4No Account Required.

The Company reserves the right to require account creation, authentication, or additional verification for certain features or usage thresholds.

ARTICLE IIIDESCRIPTION OF SERVICE

Section 3.1Service Description.

The Service is an automated scam detection and analysis platform that enables Users to submit Content for analysis to identify potential fraud indicators. The Service:

  1. analyzes submitted Content for scam patterns and fraud indicators using proprietary algorithms and methodologies;
  2. provides risk assessments and informational recommendations based on such analysis;
  3. processes Content transiently and does not retain Content after analysis; and
  4. may offer both free and paid access tiers.

Section 3.2Informational Purpose.

⚠️ Important Legal Notice
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE DOES NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, LEGAL, FINANCIAL, INVESTMENT, TAX, ACCOUNTING, SECURITY, OR OTHER PROFESSIONAL ADVICE. USER SHOULD CONSULT QUALIFIED PROFESSIONALS FOR ADVICE SPECIFIC TO USER'S SITUATION.

Section 3.3No Guarantee of Accuracy.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL DETECT ALL SCAMS, FRAUD, OR MALICIOUS ACTIVITY.

The Service may produce false positives or false negatives. User acknowledges that the Service is a tool to assist, not replace, human judgment, and User bears sole responsibility for decisions based on Service output.

Section 3.4Modifications to Service.

The Company reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. The Company shall not be liable to User or any third party for any modification, suspension, or discontinuation of the Service.

ARTICLE IVACCEPTABLE USE

Section 4.1Authorized Use.

Subject to User's compliance with this Agreement, User is authorized to access and use the Service solely for the Authorized Purpose.

Section 4.2Prohibited Conduct.

User shall not, and shall not permit any third party to:

  1. use the Service for any purpose other than the Authorized Purpose;
  2. use the Service for any unlawful purpose or in violation of any Applicable Law;
  3. submit Content that User does not have the right to submit or analyze;
  4. use the Service to facilitate, promote, or enable fraud, scams, or illegal activity;
  5. interfere with or disrupt the Service, servers, networks, or infrastructure;
  6. circumvent, disable, or interfere with any access controls, rate limits, security features, or technical protection measures;
  7. use any automated means, including without limitation robots, spiders, scrapers, crawlers, or similar tools, to access the Service without the Company's prior written authorization;
  8. collect, harvest, or aggregate data from the Service;
  9. impersonate any Person or misrepresent User's affiliation with any Person;
  10. transmit any malicious code, viruses, or harmful components;
  11. harass, abuse, threaten, or harm any Person through use of the Service;
  12. use the Service in any manner that could damage, disable, overburden, or impair the Service;
  13. sublicense, sell, resell, transfer, assign, or distribute access to the Service;
  14. use the Service to develop a competing product or service; or
  15. assist, encourage, or enable any third party to do any of the foregoing.

Section 4.3Enforcement.

Violation of Section 4.2 constitutes a material breach of this Agreement. The Company reserves the right to investigate suspected violations, cooperate with law enforcement, and pursue all available legal remedies.

ARTICLE VSECURITY AND ANTI-REVERSE ENGINEERING

Section 5.1Security Violations.

User expressly acknowledges and agrees that the following activities are strictly prohibited and constitute “Security Violations”:

(a) Reverse Engineering.

Any attempt to reverse engineer, decompile, disassemble, decrypt, or otherwise derive or attempt to derive the source code, object code, algorithms, data structures, detection logic, scoring mechanisms, rule sets, decision trees, thresholds, weights, patterns, methodologies, or trade secrets of the Service or any component thereof.

(b) Systematic Analysis.

Conducting systematic probing, fuzzing, penetration testing, vulnerability scanning, automated querying, statistical analysis, or similar activities designed or intended to discover, map, infer, reconstruct, or approximate internal processes, decision criteria, or detection capabilities of the Service.

(c) Competitive Intelligence.

Using the Service, its outputs, analyses, or any information derived therefrom to research, develop, train, validate, improve, inform, or benchmark any competing detection system, algorithm, model, product, or service, whether commercial or non-commercial.

(d) Evasion Research.

Using the Service to test, develop, refine, or validate techniques, content, or methods for evading, bypassing, or defeating fraud detection systems, scam filters, or security measures, whether those of the Company or any third party.

(e) Pattern Extraction.

Systematically collecting, aggregating, correlating, or analyzing Service outputs, results, or responses for the purpose of extracting, reconstructing, inferring, or approximating detection patterns, rules, heuristics, or methodologies.

(f) Circumvention.

Bypassing, disabling, interfering with, defeating, or attempting to circumvent any technical protection measures, usage limits, rate limiting mechanisms, access controls, authentication systems, or abuse detection systems implemented by the Company.

(g) Unauthorized Access.

Accessing or attempting to access any systems, data, accounts, or resources not expressly authorized for User's access, including through exploitation of vulnerabilities or security weaknesses.

Section 5.2Trade Secret Acknowledgment.

User acknowledges and agrees that:

  1. the algorithms, detection methodologies, scoring mechanisms, rule sets, and other technical aspects of the Service constitute valuable trade secrets and Confidential Information of the Company;
  2. the Company has invested substantial time, effort, and resources in developing such trade secrets;
  3. unauthorized disclosure or use of such trade secrets would cause irreparable harm to the Company; and
  4. monetary damages would be inadequate to compensate for any breach of this Section 5.

Section 5.3Remedies for Security Violations.

In addition to any other remedies available at law or equity, Security Violations may result in:

  1. immediate suspension or termination of access to the Service without notice;
  2. civil liability for actual damages, consequential damages, lost profits, and attorneys' fees;
  3. liability for statutory damages where available under Applicable Law;
  4. injunctive or other equitable relief without the requirement of posting bond or proving actual damages;
  5. referral to, and cooperation with, appropriate law enforcement or Governmental Authorities, where permitted by Applicable Law.

Section 5.4Cumulative Remedies.

The remedies set forth in this Article V are cumulative and not exclusive. Pursuit of any remedy shall not preclude pursuit of any other remedy, and all remedies shall be in addition to any other remedies available under Applicable Law.

Section 5.5Responsible Disclosure.

Nothing in this Article V prohibits good-faith security research conducted in compliance with the following conditions:

  1. the researcher has obtained prior written authorization from the Company, or is acting in accordance with the Company's vulnerability disclosure program (if published);
  2. the research is limited to identifying and reporting potential security vulnerabilities;
  3. the researcher does not access, exfiltrate, modify, or destroy User Data or Content;
  4. the researcher promptly reports findings to the Company at the contact provided below; and
  5. the researcher does not publicly disclose findings until the Company has had a reasonable opportunity to remediate (minimum ninety (90) days).

To report a security vulnerability or request authorization for security research, contact: [email protected].

ARTICLE VIDATA HANDLING AND PRIVACY

Section 6.1Privacy Policy.

User's access to and use of the Service is also governed by the Privacy Policy, which is incorporated herein by reference. In the event of a conflict between this Agreement and the Privacy Policy with respect to data handling practices, the Privacy Policy shall control.

Section 6.2Stateless Processing.

The Service employs a stateless processing architecture whereby Content submitted for analysis:

  1. is processed transiently in volatile memory;
  2. is used solely to generate an immediate analysis result;
  3. is not intentionally written to persistent storage, logged, cached, or archived; and
  4. is automatically discarded upon completion of analysis under normal operating conditions.

Notwithstanding the foregoing, transient technical processes incidental to system operation (including without limitation crash logs, memory snapshots, or infrastructure-level diagnostics) may temporarily capture data fragments. The Company does not access, review, or utilize such fragments except as may be required by Applicable Law or lawful governmental request.

Section 6.3No Intentional Retention of Content.

Under normal operating conditions, the Company does not intentionally store, retain, archive, or maintain any record of:

  1. Content submitted by Users, including messages, text, and communications;
  2. URLs, phone numbers, email addresses, or other identifiers contained within Content;
  3. personal data or personally identifiable information contained within Content; or
  4. analysis results or outputs associated with specific Content.

Section 6.4Technical Metadata.

The Company may collect minimal, non-identifying technical metadata strictly necessary to operate, maintain, and improve the Service, including:

  1. timestamps and aggregate scan counts;
  2. abstract pattern categories (without Content);
  3. performance metrics and error rates; and
  4. usage statistics in aggregate form.

Such metadata is not linked to individual Users and cannot reasonably be used to identify Users.

Section 6.5Threat Intelligence.

The Company's proprietary detection engine generates abstract indicators from detected malicious patterns (“Threat Intelligence”), such as pattern signatures, frequency metrics, and category-level trends. Threat Intelligence may be retained for defensive, detection, and analytical purposes. Such Threat Intelligence:

  1. consists exclusively of abstract, aggregated indicators generated independently from the detection process and does not reproduce, quote, or reference any User Content;
  2. exists at a level of abstraction that precludes reconstruction of any submitted Content;
  3. may be used by the Company for internal analytics, research, product improvement, and publication of aggregate trend reports; and
  4. is not disclosed to third parties in a manner that would enable reconstruction of internal detection logic.

Section 6.6Prohibition on Data Sale.

The Company does not and shall not sell, rent, lease, license, or otherwise commercialize User Data, Content, or any derivative thereof. This prohibition applies in perpetuity and survives any change in ownership, control, or corporate structure of the Company.

ARTICLE VIIPAYMENT TERMS

Section 7.1Fees.

Certain features of the Service may require payment of Fees. All Fees are stated in United States Dollars (USD) unless otherwise specified. The Company reserves the right to modify Fees upon thirty (30) days' prior notice.

Section 7.2Payment Processing.

All payments are processed by the Payment Processor. By submitting payment information:

  1. User agrees to the Payment Processor's terms of service and privacy policy;
  2. User authorizes the Company and Payment Processor to charge User's designated payment method;
  3. User represents and warrants that User is authorized to use the designated payment method; and
  4. User acknowledges that the Company does not receive, process, or store complete payment card numbers.

Section 7.3Subscriptions.

If User purchases a Subscription:

  1. the Subscription shall automatically renew at the end of each Subscription Period unless cancelled prior to renewal;
  2. User authorizes recurring charges at the then-current rate for each Subscription Period;
  3. User may cancel at any time through the Service or by contacting customer support;
  4. cancellation shall take effect at the end of the current Subscription Period; and
  5. no refunds or credits shall be provided for partial Subscription Periods.

Section 7.4Refund Policy.

Due to the immediate delivery of digital services, all purchases are final and non-refundable except:

  1. where required by Applicable Law;
  2. in cases of documented technical failure preventing service delivery; or
  3. at the Company's sole and absolute discretion.

Section 7.5Taxes.

User is solely responsible for all applicable taxes, duties, levies, and assessments. Stated Fees do not include taxes unless expressly indicated. The Company may collect applicable sales, use, or value-added taxes where required by Applicable Law.

Section 7.6Late Payment.

Any amounts not paid when due shall bear interest at the lesser of: (a) one and one-half percent (1.5%) per month; or (b) the maximum rate permitted by Applicable Law.

ARTICLE VIIIINTELLECTUAL PROPERTY

Section 8.1Company Ownership.

The Company owns and retains all right, title, and interest in and to:

  1. the Service, including all software, code, algorithms, detection methodologies, user interfaces, and documentation;
  2. all Intellectual Property Rights embodied in or related to the Service;
  3. all improvements, enhancements, modifications, and derivative works of the Service;
  4. all Threat Intelligence and aggregate data derived from operation of the Service;
  5. all trademarks, service marks, trade names, logos, and trade dress associated with the Service; and
  6. all Confidential Information.

Section 8.2License Grant.

Subject to User's compliance with this Agreement, the Company grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for the Authorized Purpose during the Term.

Section 8.3License Restrictions.

Except as expressly authorized by this Agreement, User shall not:

  1. copy, reproduce, modify, adapt, or create derivative works of the Service;
  2. sell, resell, license, sublicense, distribute, rent, lease, or transfer the Service;
  3. disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service;
  4. remove, alter, or obscure any proprietary notices, labels, or markings;
  5. use the Company's trademarks or service marks without prior written consent;
  6. frame, mirror, or incorporate the Service into any other product or service; or
  7. use the Service to create a competing product or service.

Section 8.4User Content.

User retains ownership of Content submitted to the Service. By submitting Content, User grants the Company a limited, non-exclusive, royalty-free, fully paid-up license to process Content solely for the purpose of providing the Service. This license terminates immediately upon completion of analysis and deletion of Content.

Section 8.5Feedback.

If User provides any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service (“Feedback”), User hereby:

  1. assigns to the Company all right, title, and interest in and to such Feedback;
  2. agrees that the Company may use Feedback for any purpose without restriction or compensation;
  3. waives any moral rights or rights of attribution in such Feedback; and
  4. represents that Feedback does not infringe any third-party rights.

Section 8.6Reservation of Rights.

Except for the limited license granted in Section 8.2, no right, title, or interest in or to the Service or any Intellectual Property Rights is granted or transferred to User. All rights not expressly granted are reserved by the Company.

ARTICLE IXCONFIDENTIALITY

Section 9.1Confidentiality Obligations.

User agrees to:

  1. maintain the confidentiality of all Confidential Information;
  2. not disclose Confidential Information to any third party without the Company's prior written consent;
  3. not use Confidential Information for any purpose other than as necessary to use the Service; and
  4. protect Confidential Information using at least the same degree of care used to protect User's own confidential information, but in no event less than reasonable care.

Section 9.2Exceptions.

The obligations in Section 9.1 shall not apply to information that:

  1. was publicly available at the time of disclosure without breach of this Agreement;
  2. becomes publicly available after disclosure without breach of this Agreement;
  3. was rightfully in User's possession prior to disclosure; or
  4. is independently developed by User without use of or reference to Confidential Information.

Section 9.3Compelled Disclosure.

If User is compelled by Applicable Law to disclose Confidential Information, User shall:

  1. provide the Company with prompt written notice to the extent legally permitted;
  2. cooperate with the Company's efforts to obtain protective treatment; and
  3. disclose only the minimum information legally required.

ARTICLE XREPRESENTATIONS AND WARRANTIES

Section 10.1Mutual Representations.

Each party represents and warrants that:

  1. it has the legal right and authority to enter into this Agreement;
  2. the execution and performance of this Agreement does not violate any agreement to which it is a party; and
  3. this Agreement constitutes a valid and binding obligation enforceable against it.

Section 10.2User Representations.

User represents and warrants that:

  1. all information provided to the Company is accurate and complete;
  2. User's access to and use of the Service complies with all Applicable Law;
  3. User has all rights necessary to submit Content to the Service;
  4. Content does not infringe, misappropriate, or violate any third-party rights;
  5. User is not accessing the Service from a prohibited jurisdiction; and
  6. User is not using the Service for any Prohibited Conduct or Security Violation.

ARTICLE XIDISCLAIMER OF WARRANTIES

⚠️ Important Legal Notice

Section 11.1 — “AS IS” BASIS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Section 11.2DISCLAIMER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

  1. IMPLIED WARRANTIES OF MERCHANTABILITY;
  2. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
  3. IMPLIED WARRANTIES OF TITLE;
  4. IMPLIED WARRANTIES OF NON-INFRINGEMENT;
  5. WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
  6. WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS;
  7. WARRANTIES OF UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION;
  8. WARRANTIES THAT THE SERVICE WILL MEET USER'S REQUIREMENTS;
  9. WARRANTIES THAT DEFECTS WILL BE CORRECTED;
  10. WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS; AND
  11. WARRANTIES REGARDING THIRD-PARTY PRODUCTS OR SERVICES.

Section 11.3NO GUARANTEE OF DETECTION.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE WILL DETECT ALL SCAMS, FRAUD, OR MALICIOUS ACTIVITY. THE SERVICE MAY PRODUCE FALSE POSITIVES OR FALSE NEGATIVES. USER ACKNOWLEDGES THAT THE SERVICE IS A TOOL TO ASSIST HUMAN JUDGMENT AND USER BEARS SOLE RESPONSIBILITY FOR DECISIONS BASED ON SERVICE OUTPUT.

Section 11.4Jurisdictional Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND USER MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, THE COMPANY'S WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE XIILIMITATION OF LIABILITY

⚠️ Important Legal Notice

Section 12.1 — EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY:

  • (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
  • (b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
  • (c) LOSS OF DATA, USE, OR BUSINESS INTERRUPTION;
  • (d) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • (e) PERSONAL INJURY OR PROPERTY DAMAGE;
  • (f) DAMAGES RESULTING FROM RELIANCE ON SERVICE OUTPUT;
  • (g) DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO USER DATA;
  • (h) DAMAGES RESULTING FROM THIRD-PARTY CONDUCT; OR
  • (i) ANY OTHER DAMAGES WHATSOEVER.

Section 12.2AGGREGATE LIABILITY CAP.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OR THEORY OF ACTION, SHALL NOT EXCEED THE GREATER OF:

  1. THE TOTAL FEES ACTUALLY PAID BY USER TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY; OR
  2. ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Section 12.3ESSENTIAL ELEMENT.

USER ACKNOWLEDGES AND AGREES THAT:

  1. THE LIMITATIONS OF LIABILITY IN THIS ARTICLE XII ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES;
  2. THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS;
  3. SUCH LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND
  4. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Section 12.4Jurisdictional Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND USER MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE XIIIINDEMNIFICATION

Section 13.1User Indemnification.

User agrees to indemnify, defend, and hold harmless the Company Parties from and against any and all Losses arising out of, relating to, or resulting from:

  1. User's access to or use of the Service;
  2. User's violation of this Agreement, including any Prohibited Conduct or Security Violation;
  3. User's violation of any Applicable Law;
  4. User's violation or infringement of any third-party rights, including Intellectual Property Rights;
  5. Content submitted by User;
  6. any dispute between User and any third party; or
  7. User's negligence, willful misconduct, or fraud.

Section 13.2Indemnification Procedure.

As a condition of indemnification:

  1. the Company shall provide User with prompt written notice of any Claim for which indemnification is sought;
  2. User shall assume sole control of the defense and settlement of such Claim, provided that User shall not settle any Claim in a manner that adversely affects the Company without the Company's prior written consent;
  3. the Company shall cooperate with User's reasonable requests for assistance in the defense of such Claim; and
  4. the Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification.

Section 13.3Survival.

User's indemnification obligations shall survive the expiration or termination of this Agreement.

ARTICLE XIVGOVERNING LAW AND JURISDICTION

Section 14.1Governing Law.

This Agreement and any Dispute arising out of or relating to this Agreement or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Section 14.2Exclusive Jurisdiction.

Subject to Article XV (Dispute Resolution), any legal action or proceeding arising out of or relating to this Agreement or the Service that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New Castle County, Delaware. Each party hereby:

  1. irrevocably consents to the exclusive jurisdiction and venue of such courts;
  2. irrevocably waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum; and
  3. agrees that service of process may be made by any method permitted by Applicable Law.

Section 14.3WAIVER OF JURY TRIAL.

⚠️ Important Legal Notice
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY DEALINGS BETWEEN THE PARTIES. EACH PARTY CERTIFIES THAT THIS WAIVER IS MADE KNOWINGLY, VOLUNTARILY, AND WITH FULL UNDERSTANDING OF THE CONSEQUENCES.

ARTICLE XVDISPUTE RESOLUTION

⚠️ Important Legal Notice

PLEASE READ THIS ARTICLE CAREFULLY. IT REQUIRES ARBITRATION OF DISPUTES AND LIMITS THE MANNER IN WHICH USER MAY SEEK RELIEF.

Section 15.1Agreement to Arbitrate.

User and the Company mutually agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Service, the relationship between User and the Company, or the interpretation, validity, enforceability, or breach of this Agreement (“Dispute”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth in Section 15.8. This agreement to arbitrate is intended to be interpreted broadly.

Section 15.2Arbitration Administrator.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Arbitration Rules, as modified by this Agreement. The Arbitration Rules are available at www.adr.org. If AAA is unavailable or unwilling to administer the arbitration, the parties shall agree on an alternative administrator. If the parties cannot agree, a court of competent jurisdiction shall appoint an arbitrator.

Section 15.3Arbitration Procedures.

  1. Initiation. Either party may initiate arbitration by filing a demand with AAA in accordance with the Arbitration Rules.
  2. Arbitrator. A single neutral arbitrator shall be selected in accordance with the Arbitration Rules. The arbitrator shall be a retired judge or an attorney with at least ten (10) years of experience in technology or commercial law.
  3. Location. The arbitration shall be conducted: (i) in the county where User resides; (ii) by telephone or video conference; or (iii) in New Castle County, Delaware, if mutually agreed.
  4. Language. The arbitration shall be conducted in English.
  5. Discovery. Discovery shall be limited to requests for documents directly relevant to the Dispute.
  6. Confidentiality. All aspects of the arbitration, including the existence of the arbitration, all submissions, and the award, shall be confidential, except as necessary to enforce the award or as required by Applicable Law.
  7. Hearing. Unless the parties agree otherwise or the arbitrator orders otherwise, a hearing shall be conducted within ninety (90) days of appointment of the arbitrator.

Section 15.4Arbitrator Authority.

The arbitrator shall have exclusive authority to:

  1. resolve any Dispute, including questions of arbitrability and the scope, enforceability, and interpretation of this arbitration agreement;
  2. grant any remedy that would be available in court, subject to the limitations set forth in this Agreement;
  3. award attorneys' fees and costs to the prevailing party where authorized by Applicable Law or this Agreement; and
  4. issue a written decision sufficient to explain the essential findings and conclusions.

The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Section 15.5Arbitration Fees.

  1. For Disputes involving claims of $10,000 or less, the Company shall pay all AAA filing, administration, and arbitrator fees.
  2. For Disputes involving claims exceeding $10,000, fees shall be allocated in accordance with the Arbitration Rules.
  3. Each party shall bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party under Applicable Law or as a sanction for frivolous claims or conduct.
  4. If User demonstrates financial hardship, the Company will consider reasonable requests to pay User's share of fees.

Section 15.6CLASS ACTION AND COLLECTIVE RELIEF WAIVER.

⚠️ Important Legal Notice

USER AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY:

  • (a) CLASS ACTION;
  • (b) COLLECTIVE ACTION;
  • (c) REPRESENTATIVE ACTION;
  • (d) PRIVATE ATTORNEY GENERAL ACTION;
  • (e) CONSOLIDATED ACTION INVOLVING CLAIMS OF OTHER PERSONS; OR
  • (f) ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

THE ARBITRATOR MAY NOT:

  • (i) CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS;
  • (ii) PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING; OR
  • (iii) AWARD RELIEF TO ANY PERSON OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.

IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND PROCEED IN COURT, AND THE REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

Section 15.7Mass Arbitration.

If twenty-five (25) or more similar arbitration demands are filed against the Company within a ninety (90) day period (“Mass Filing”):

  1. Bellwether Process. A random selection of ten (10) cases shall be designated as bellwether cases and shall proceed to individual arbitration first.
  2. Stay. All remaining cases in the Mass Filing shall be stayed pending resolution of the bellwether cases.
  3. Mediation. Following resolution of bellwether cases, the parties shall participate in a single mediation session to attempt global resolution.
  4. Staged Arbitration. If mediation is unsuccessful, remaining cases shall proceed in staged batches of ten (10) cases every ninety (90) days.
  5. Tolling. Applicable statutes of limitations shall be tolled during any stay under this Section 15.7.

Section 15.8Exceptions to Arbitration.

Notwithstanding Section 15.1, the following are not subject to arbitration:

  1. Claims that qualify for and remain in small claims court;
  2. Actions to enforce Intellectual Property Rights, including claims of patent, copyright, trademark, or trade secret infringement or misappropriation;
  3. Actions seeking emergency injunctive or other equitable relief to prevent imminent and irreparable harm; and
  4. Claims arising from Security Violations under Article V.

Section 15.9Opt-Out Right.

User may opt out of this arbitration agreement within thirty (30) days of first using the Service by sending written notice to:

Blue Horizons Technologies LLC

Legal Department

Email: [email protected]

Subject: “Arbitration Opt-Out”

The notice must include: (i) User's name; (ii) User's mailing address; (iii) User's email address; and (iv) a clear statement that User wishes to opt out of the arbitration agreement. If User timely opts out, User and the Company may pursue Disputes in court subject to this Agreement. If User does not timely opt out, User shall be bound by this arbitration agreement.

Section 15.10Survival.

This Article XV shall survive termination or expiration of this Agreement and User's discontinuation of use of the Service.

Section 15.11Severability.

If any provision of this Article XV (other than Section 15.6) is found unenforceable, that provision shall be severed and the remainder of this Article XV shall remain in full force and effect. If Section 15.6 is found unenforceable in its entirety, then the entirety of this Article XV shall be null and void, and Disputes shall proceed in court.

ARTICLE XVITERM AND TERMINATION

Section 16.1Term.

This Agreement commences on the Effective Date and continues until terminated in accordance with this Article XVI (the “Term”).

Section 16.2Termination by User.

User may terminate this Agreement at any time by discontinuing use of the Service. No notice is required.

Section 16.3Termination by Company.

The Company may suspend or terminate User's access to the Service and/or this Agreement immediately, without prior notice or liability, for any reason or no reason, including without limitation:

  1. violation of this Agreement;
  2. Prohibited Conduct or Security Violations;
  3. suspected fraudulent, abusive, or illegal activity;
  4. conduct harmful to other users, third parties, or the Service;
  5. requests by law enforcement or Governmental Authorities;
  6. extended periods of inactivity;
  7. unexpected technical or security issues; or
  8. discontinuation of the Service.

Section 16.4Effect of Termination.

Upon termination:

  1. User's right to access and use the Service immediately ceases;
  2. the license granted in Section 8.2 immediately terminates;
  3. the Company may delete any data associated with User's use; and
  4. User remains bound by the surviving provisions of this Agreement.

Section 16.5Survival.

The following provisions shall survive termination or expiration of this Agreement: Article I (Definitions), Article V (Security), Article VI (Data Handling), Article VIII (Intellectual Property), Article IX (Confidentiality), Article XI (Disclaimers), Article XII (Limitation of Liability), Article XIII (Indemnification), Article XIV (Governing Law), Article XV (Dispute Resolution), Section 16.5 (Survival), and Article XVII (General Provisions).

ARTICLE XVIIGENERAL PROVISIONS

Section 17.1Entire Agreement.

This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, agreements, understandings, representations, and warranties, whether written or oral.

Section 17.2Amendments.

The Company reserves the right to amend this Agreement at any time. Material amendments shall be effective upon: (a) posting of the revised Agreement with an updated effective date; and/or (b) notice through the Service or by email. User's continued use of the Service following the effective date of any amendment constitutes User's acceptance of such amendment. If User does not agree to any amendment, User's sole remedy is to discontinue use of the Service.

Section 17.3Severability.

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

Section 17.4Waiver.

No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver shall be effective unless in writing and signed by an authorized representative of the waiving party.

Section 17.5Assignment.

User may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent. Any purported assignment in violation of this Section shall be null and void. The Company may freely assign or transfer this Agreement without restriction or consent. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Section 17.6Force Majeure.

Neither party shall be liable for any failure or delay in performing its obligations (other than payment obligations) resulting from a Force Majeure Event. The affected party shall give prompt notice of the Force Majeure Event and shall use reasonable efforts to mitigate its effects.

Section 17.7Independent Contractors.

The relationship between User and the Company is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.

Section 17.8Third-Party Beneficiaries.

Except for Company Parties (who are intended third-party beneficiaries of Article XI, Article XII, and Article XIII), this Agreement does not create any third-party beneficiary rights.

Section 17.9Notices.

All notices required or permitted under this Agreement shall be in writing. Notices to the Company shall be sent to [email protected]. Notices to User may be sent to any email address User has provided or posted within the Service. Notice shall be deemed given upon receipt.

Section 17.10Headings and Construction.

Article and section headings are for convenience only and shall not affect interpretation. The words “include,” “includes,” and “including” mean “including without limitation.” References to “Section” or “Article” mean sections or articles of this Agreement. The word “or” is not exclusive. References to “days” mean calendar days unless otherwise specified.

Section 17.11No Strict Construction.

This Agreement shall not be construed more strictly against either party regardless of which party was primarily responsible for its drafting.

Section 17.12Cumulative Remedies.

Except as expressly provided, all remedies under this Agreement are cumulative and not exclusive. Pursuit of any remedy does not preclude pursuit of any other remedy.

Section 17.13Language.

This Agreement is drafted in English. Any translation is for convenience only. In the event of conflict, the English version shall control.

Section 17.14Export Compliance.

User agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations and sanctions programs administered by the Office of Foreign Assets Control. User represents that User is not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions.

Section 17.15Government Users.

If User is a U.S. government entity or accessing the Service on behalf of a U.S. government entity, the Service is provided as a “commercial item” as defined in 48 C.F.R. § 2.101, and User's rights are limited to those rights provided in this Agreement.

Section 17.16Consumer Rights.

Nothing in this Agreement affects any non-waivable statutory rights that may apply to User under consumer protection laws of User's jurisdiction.

Section 17.17No Fiduciary Duty.

The Company is not a fiduciary with respect to User. Nothing in this Agreement or arising from User's access to or use of the Service creates any fiduciary duty, duty of care, duty of loyalty, advisory relationship, or relationship of trust or confidence between the Company and User. The Service provides automated informational output only. User acknowledges and agrees that User bears sole responsibility for all decisions and actions taken in reliance on, or in connection with, the Service or its output.

ARTICLE XVIIICALIFORNIA RESIDENTS

If User is a California resident, User has certain rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

  1. Right to Know. User has the right to request information about categories and specific pieces of personal information collected.
  2. Right to Delete. User has the right to request deletion of personal information, subject to exceptions.
  3. Right to Opt-Out. The Company does not sell personal information. No opt-out is necessary.
  4. Right to Non-Discrimination. The Company will not discriminate against User for exercising privacy rights.

To exercise these rights, contact: [email protected]

California Civil Code Section 1789.3: The Service is provided by Blue Horizons Technologies LLC. To file a complaint or for further information, contact [email protected]. Users may also contact the Complaint Assistance Unit of the California Department of Consumer Affairs: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; telephone (800) 952-5210.

Acknowledgment and Acceptance

BY ACCESSING OR USING ZEROSCAM, USER ACKNOWLEDGES AND AGREES THAT:

  1. USER HAS READ THIS AGREEMENT IN ITS ENTIRETY;
  2. USER UNDERSTANDS ALL TERMS AND CONDITIONS OF THIS AGREEMENT;
  3. USER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS;
  4. USER HAS READ AND UNDERSTOOD THE BINDING ARBITRATION CLAUSE IN ARTICLE XV;
  5. USER HAS READ AND UNDERSTOOD THE CLASS ACTION WAIVER IN SECTION 15.6;
  6. USER HAS READ AND UNDERSTOOD THE JURY TRIAL WAIVER IN SECTION 14.3;
  7. USER UNDERSTANDS THAT USER IS WAIVING SUBSTANTIAL LEGAL RIGHTS;
  8. USER HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE;
  9. USER IS ENTERING INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY; AND
  10. THIS AGREEMENT CONSTITUTES A BINDING LEGAL OBLIGATION ENFORCEABLE AGAINST USER.

IF USER DOES NOT AGREE TO THIS AGREEMENT, USER IS NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.