Terms of Service

Last updated: December 2024

These Terms of Service ("Terms") govern your access to and use of Ezify's website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Ezify provides data infrastructure solutions including:

  • Ezify Ads: Advertising management and attribution platform
  • Ezify Trace: Event tracking and analytics system
  • Ezify Risk: Risk control and anti-fraud solutions

Service features and availability may vary by subscription plan.

3. Account Registration

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • You are responsible for all activities that occur under your account

4. Acceptable Use

You agree not to:

  • Use the Services for any illegal purpose or in violation of any laws
  • Violate or infringe the rights of others, including intellectual property rights
  • Transmit malware, viruses, or any code designed to harm our systems
  • Attempt to gain unauthorized access to our Services or systems
  • Interfere with or disrupt the integrity or performance of the Services
  • Use the Services to process data in violation of applicable data protection laws
  • Resell or redistribute the Services without our written consent

5. Data Processing

When you use our Services to process personal data, you act as the data controller and we act as the data processor. Our processing of such data is governed by our Data Processing Agreement.

You represent and warrant that:

  • You have all necessary rights and consents to process data through our Services
  • Your use of our Services complies with all applicable data protection laws
  • You will not process data that violates any laws or regulations

6. Fees and Payment

  • Fees for Services are set forth in your subscription agreement or order form
  • All fees are non-refundable unless otherwise specified
  • We may change our fees upon 30 days' notice
  • Failure to pay may result in suspension or termination of Services

7. Intellectual Property

All intellectual property rights in the Services, including software, documentation, and trademarks, are owned by Ezify or our licensors. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as permitted.

You retain all rights to your data. By using our Services, you grant us a limited license to process your data solely to provide the Services.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party.

9. Service Level and Support

Service level commitments and support terms are specified in your subscription agreement. We will use commercially reasonable efforts to maintain service availability and respond to support requests.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold Ezify harmless from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Term and Termination

  • These Terms remain in effect until terminated
  • Either party may terminate for material breach if the breach is not cured within 30 days of notice
  • We may suspend or terminate Services immediately for violations of acceptable use policies
  • Upon termination, your right to use the Services ceases immediately
  • You may request export of your data within 30 days of termination

14. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction where Ezify is incorporated, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration, except that either party may seek injunctive relief in court.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

16. General Provisions

  • Entire Agreement: These Terms, together with any applicable agreements, constitute the entire agreement between you and Ezify
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect
  • Waiver: Failure to enforce any right does not waive that right
  • Assignment: You may not assign these Terms without our consent

17. Contact

For questions about these Terms, please contact us at legal@ezify.io.