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2023. 10. 10.

These are the Terms of Service (which we call the “Terms”) that govern our relationship with you as a user of our Services. These Terms form a legally binding contract between you and Two Platforms Inc. (“Two Platforms”). So please read them carefully.

By using the Zappy™ App or any of our other products or services that are subject to these Terms (which we refer to collectively as the “Services”), you agree to the Terms. If you don’t agree with them, then you should not use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TWO PLATFORMS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TWO PLATFORMS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE BELOW.

  1. Who Can Use the Services

No one under 13 (or younger than the age of “digital consent” allowed by the state, province, territory, or country in which you reside) is allowed to create an account or use the Services. By using the Services, you represent, warrant, and agree that:

  • you can form a binding contract with Two Platforms

  • you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;

  • you are not a convicted sex offender; and

  • you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity). If you are using the Services on behalf of an entity of the U.S. Government, you acknowledge that the Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101 and that you will receive only those rights with respect to the Services as are granted to all other end users under these Terms.

  1. Moments

The Zappy™ App allows you to upload, create and edit image and video posts, which we call “Moments.” Moments are posted publicly and are then viewable by every Zappy™ App user (“Public Moments”). You retain ownership of the intellectual property rights (e.g. copyright or trademarks) in any content that you create and share. Nothing in these Terms takes away the rights you have to your own content.

  1. Uploading Content to Zappy

All Moments you create and any content you upload to Zappy must be appropriate for people ages 13 or older only.  You agree that you will not use the Services to upload, create or post Moments that contain inappropriate content. Inappropriate Content includes anything Two Platforms, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:

  • impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;

  • includes another person's name, voice, signature, photograph, or likeness without that person's prior consent;

  • promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 13 years of age or otherwise objectionable;

  • was not created and is not owned by you and/or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;

  • involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails or “spam”;

  • uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;

  • engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;

  • includes other people’s personally identifying information or other confidential information, such as credit card numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or

  • represents that it is human-generated when it is not; or

  • violates or encourages or facilitates the violation of any applicable local, national or international law.

  1. Rights We Grant You

As between you and us, Two Platforms (and its licensors) is the owner of the Services, including all content, information, material, software, images, text, graphics, illustrations, any content generated and returned by the Services (including any content generated as a result of your input), logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Two Platforms grants you a worldwide, royalty-free, non- assignable non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms allow. You may not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else to do so.

  1. Rights You Grant Us

The Zappy App lets you create, upload, input, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. You are responsible for any content you input, including for ensuring that it does not violate any applicable law or these Terms.

For all content you submit to the Services, you grant Two Platforms and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.

If you choose to make a Moment public, in addition to the rights granted to Two Platforms above, you also grant Two Platforms, our affiliates, other users of the Services, and our business partners all of the same rights you grant for Private Moments in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Moment (including the separate video, image, sound recording, or musical compositions contained therein) in any form and in any and all media or distribution methods, now known or later developed. When you appear in, create, upload, post, or send Public Moments, you also grant Two Platforms, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, and voice, of anyone featured in your Public Moment for commercial and non-commercial purposes. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. If you choose to delete a Public Moment at any time after you have uploaded it, the rights you granted us in the Public Moment continue in perpetuity.

  1. Use of OpenAI

Some of the content generated by the Services is generated through the use of OpenAI. Please review the OpenAI Terms of Service for more information regarding the uses and limitation of the OpenAI software. Specifically, we draw your attention to the fact that the technology OpenAI uses to generate the content is rapidly evolving and may provide incorrect information or inappropriate content or not accurately reflect real people, places, or fact. The content generated may also not be unique (users may generate the same of similar content to other users). We encourage you to evaluate any content generated through the Services for accuracy and appropriateness before sharing or relying upon it.

  1. Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy.

  1. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Two Platforms reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of and cannot guarantee that other users or the content they provide through the Services will comply with our Terms.

  1. Respecting the Services and Two Platforms’ Rights

You must also respect Two Platforms’ rights and adhere to these Terms and any other guidelines, support pages, or FAQ’s published by Two Platforms or our affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:

  • use branding, logos, icons, user interface elements, designs, photographs, audio, videos, or any other materials Two Platforms makes available via the Services, except as explicitly allowed by these Terms, or brand guidelines published by Two Platforms or our affiliates;

  • violate or infringe Two Platforms’ or our affiliates’ copyrights, trademarks, or other intellectual property rights;

  • copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;

  • create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, Two Platforms, or a friend link;

  • reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;

  • use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;

  • use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;

  • use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;

  • upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;

  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;

  • violate any applicable law or regulation in connection with your access to or use of the Services; or

  • access or use the Services in any way not expressly permitted by these Terms.

  1. Respecting Others' Rights

Two Platforms respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by Two Platforms that you include in your content) and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user’s account except as permitted by Two Platforms or its affiliates.

Two Platforms honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Two Platforms becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. If you believe that anything on the Services infringes a copyright that you own or control, you may file a notice with our designated agent: Two Platforms Inc., Attn: Copyright Agent, 1140 Dell Avenue, Campbell, CA 94008 email: copyright@two.ai. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

  • identify the copyrighted work claimed to have been infringed;

  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled and information reasonably sufficient to let us locate the material;

  • provide your contact information, including your address, telephone number, and an email address;

  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

  1. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. By using the Services, you agree that you will always comply with these Terms, including our Privacy Policy and any other policies Two Platforms makes available in order to maintain the safety of the Services.

If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.

We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm’s way just to capture a Two Platforms.

  1. Your Account

To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account, so it is important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please immediately reach out to support@zappy.kr Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.

  1. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

By providing us with your mobile phone number, you agree to receive SMS messages from Two Platforms related to the Services, including about promotions, your account, and your relationship with Two Platforms. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.

If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

  1. Third-Party Services

Certain Services may display, include, or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you.

Neither Two Platforms nor our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that Two Platforms is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

  1. Modifying the Services and Termination

We’re always improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong Two Platforms user, you can terminate these Terms at any time and for any reason by deleting your Two Platforms account (or, in some cases, the account associated with the applicable part of the Services you are using).

We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms or the law, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Two Platforms continue to be bound by Sections 4, 6 (to the extent any additional terms and conditions would, by their terms, survive), and7- 24 of the Terms.

  1. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Two Platforms, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Two Platforms; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.

  1. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

  1. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND TWO PLATFORMS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

  • Applicability of Arbitration Agreement. In this Section 19 (the “Arbitration Agreement”), You and Two Platforms agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Two Platforms are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

  • Arbitration Rules. Any claims or disputes regarding these Terms or the Services shall be determined by arbitration through the American Arbitration Association, San Francisco, California office ("AAA") in accordance with the Commercial Rules of the AAA then applicable, but subject to the further revisions thereof. The arbitration shall take place in the City and County of San Francisco.

  • Fees. ADR If Two Platforms is the party initiating an arbitration against you, Two Platforms will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against Two Platforms, you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, and Two Platforms will pay the remainder of your Initial Filing fee and both parties’ Administrative Fee.

  • Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Two Platforms. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Two Platforms.

  • Waiver of Jury Trial. YOU AND TWO PLATFORMS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Two Platforms are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Two Platforms over whether to vacate or enforce an arbitration award, YOU AND TWO PLATFORMS WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or AAA’s Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in Section 19.

  • Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

  • Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Two Platforms can force the other to arbitrate. To opt out, you must notify Two Platforms in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username and the email address you used to set up your Two Platforms account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Two Platforms Inc., Attn: Arbitration Opt- out, 1140 Dell Avenue, Campbell, CA 95008, or email the opt-out notice to arbitration-opt-out@Two.ai

  • Small Claims Court. Notwithstanding the foregoing, either you or Two Platforms may bring an individual action in small claims court.

  • Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Two Platforms.

  1. Exclusive Venue

To the extent that these Terms allow you or Two Platforms to initiate litigation in a court, both you and Two Platforms agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Santa Clara. You and Two Platforms consent to the personal jurisdiction of both courts.

  1. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

  1. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

  1. Beta Features 

If you are invited to access any beta features of the Zappy App or the Services or if your access any beta features of the Services, you acknowledge that: (a) such features have not been made commercially available by Two Platforms; (b) such features may not operate properly, be in final form, or be fully functional; (c) such features may contain errors, design flaws, or other problems; (d) it may not be possible to make such features fully functional; (e) use of such features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) such features may change and may not become generally available; and (g) Two Platforms is not obligated in any way to continue to provide or maintain such features for any purpose in providing the ongoing Services. These beta features are provided AS IS, with all faults. You assume all risks arising from use of such features, including, without limitation, the risk of damage to Customer’s mobile device or the corruption or loss of data.

  1. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. Final Terms

These Terms, including the additional terms referenced in Section 6, make up the entire agreement between you and Two Platforms, and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, if entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

Feedback and Information

We welcome your comments, questions, concerns, or suggestions. Please contact us at (US Address) or, if using Zappy in Korea, contact@zappy.kr

The information contained in this web site is subject to change without notice.
Copyright © 2023 Two Platforms Inc. All rights reserved.
Two Platforms Inc., 1140 Dell Avenue, Campbell, CA 95008, USA.