Terms of Service

Welcome to the ZoomSphere website at www.ZoomSphere.com (“Site”), offered by MicroMedia s.r.o. company (“ZoomSphere, “we,” or “us”). The following are the terms and conditions for use of the Site and to any ZoomSphere services. Please read them carefully. By clicking the “I Accept” button, completing the registration process and/or using any of the Services, you agree that you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) are eligible for an account and you agree to abide by all of these terms and conditions of the Services (the “Terms of Service” or “Agreement”). The Services are offered to you on the condition that you accept these Terms of Service without modification. Violation of these Terms of Service may result in the immediate termination of your account, in addition to any other legal and equitable remedies that we or third parties may have against you. We reserve the right to modify these Terms of Service at any time upon posting a revised version hereof. By accessing or using our Site or any of our Services, you agree to be bound by these Terms of Service, as revised from time to time. Paid Memberships & Subscriptions. We may offer paid subscriptions to our Services. All subscriptions are billed in advance, either monthly or annually depending on the plan you select. Subscription fees are billed in advance and are non-refundable (in whole or in part), except for unused prepaid credits (see Credits below) and except where mandatory law provides otherwise. You are billed in advance for each billing period (monthly or annual) for the Service(s) (at the level you have selected). No refunds for periods of inactivity will be issued. If you choose to upgrade or downgrade your service plan, so you will be charged the difference between your previous rate and your new rate for the remainder of your term. On your next regular billing date you will be charged the new rate for your new plan. Downgrading your service plan may cause the loss of some or all content, features, functionality, or capacity of your account.

The prices of all membership plans may change upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. ZoomSphere will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only taxes imposed on ZoomSphere's net income.

New subscriptions may include a free trial period (currently 14 days), available only once per account. The terms and end-of-trial behaviour of any trial are shown when you sign up.

Subscription Account, Password & Security

To register for any of our Services, you must complete the registration process by providing ZoomSphere with current, complete and accurate information, including your e­mail address (which serves as your username) and password and payment information. You are solely responsible for the protection of your passwords and take full responsibility for any and all activities under your accounts. You are solely responsible for any and all activities that occur under your account. You agree to notify ZoomSphere immediately upon learning of any unauthorized use of your account or any other breach of security.

License Usage and Transfer Restrictions

Your ZoomSphere subscription is intended for use solely by your organization and may not be resold, shared, sublicensed, or transferred to any third party without prior written consent from ZoomSphere. You agree not to:

1. Sell, rent, lease, distribute, or otherwise commercially exploit your ZoomSphere account or any part of the Services to any third party.
2. Share login credentials or provide access to unauthorized users outside your organization.
3. Use the Services to operate as a service bureau or for any commercial purposes other than internal business use.

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Violation of this policy may result in immediate termination of your account without refund and may be subject to further legal action. ZoomSphere reserves the right to monitor account activity to ensure compliance with these terms.

Cancellation of the service

Please inform us at your earliest convenience before the start of the next billing cycle. Once the billing cycle has begun and the invoice has been issued, we are unable to cancel the subscription for that billing cycle. You can contact us through our in-app chat or via email at finance@zoomsphere.com. Once your subscription is canceled, your ZoomSphere apps will be deactivated. However, your ZoomSphere account will remain active (unless deleted), allowing you to access and reactivate your plan anytime.

ZoomSphere, in its sole discretion, has the right to suspend or terminate your account and to terminate, limit, or restrict, or to otherwise refuse, any and all current or future use of the Site, any or all of the Services, or any other ZoomSphere service by any user or subscriber, for any reason at any time. If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access to your account as described in this paragraph.

Credits

Certain features of the Services are paid on a usage basis and are charged in credits (one credit equals one US dollar). Credits exist in two forms.

Included monthly credits. Your subscription plan includes a monthly credit allowance. This allowance resets on the first day of each calendar month. Unused included credits do not carry over to the following month and have no cash value.

‍Prepaid credits. You may purchase additional prepaid credits as a one-time top-up. Prepaid credits carry over from month to month and do not expire while your account remains active. Self-service top-up is available to subscriptions billed through our online payment provider; minimum and maximum top-up amounts apply and are shown at checkout in the currency of your subscription.

When you use a paid feature, its cost is drawn first from your included monthly credits and then, once those are exhausted, from your prepaid credits. Paid features that consume credits currently include publishing posts to X (formerly Twitter) and AI-assisted features; the applicable per-use price is shown in your account.

Unused prepaid credits may be refunded on request — contact us via in-app chat or at finance@zoomsphere.com. Included monthly credits are not refundable and have no cash value. When a subscription ends, unused included monthly credits expire. You may request a refund of any unused prepaid credits as described above; however, if your account is terminated or suspended for breach of these Terms, unused credits (including prepaid credits) may be forfeited without refund.
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Invoice-billed accounts. Some accounts are billed by invoice under an individual agreement rather than through our online payment provider. This billing option is no longer available to new customers, but it continues for accounts that already use it. These accounts are subject to the same credit rules described above — included monthly credits reset on the first day of each calendar month, and prepaid credits carry over — except that prepaid credit top-ups, and any refund of unused prepaid credits, are arranged manually through invoicing rather than through self-service online checkout.

Deleting an Account

Deleting an Account Users can permanently delete their ZoomSphere accounts through Profile Settings by clicking “Delete account” at the bottom left of the screen. After selecting this option, users must enter their password and confirm deletion by clicking “Yes, delete account.” If the removed user owns any data (e.g., Apps or Posts in the Scheduler App), this data will not be removed automatically unless the user deletes it themselves beforehand. If you own the main ZoomSphere account (the Master account), please ensure you cancel your subscription before deleting the account. Note that deleting your account will also delete all your data and users in your team, with the exception of already published posts on social media.

Usage Restrictions

You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations. You also agree not to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, video, software, images, sounds, data or other information) using any communications service or other service available on or through the Site or the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Service; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e­mail (“spamming”); (iv) imposes an unreasonable or disproportionately (in the sole judgment of ZoomSphere) large load on our computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or otherwise; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ZoomSphere or any third party; or (vi) impersonates any person or entity, including any employee or representative of ZoomSphere.

You will also not use any robot, spider, scraper or other automated means to access the Site or any of the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on or in connection with the Site or the Services (including, without limitation, any third­party services monitored by the Services); or (ii) bypass any measures ZoomSphere uses to prevent or restrict access to the Site or Services. You may view and print material displayed on this Site and the Services subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain all copyright, trademark and other proprietary notices affixed to or contained in the original materials on any copies thereof. You may not reproduce, frame, distribute, transmit, modify, alter, reverse engineer or prepare derivative works from this Site, any of the Services, or any portion hereof or thereof. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of ours, our suppliers or any third party. Any rights not expressly granted herein are reserved.

Account is limited for 10.000 posts per month. If you need more, contact our sales@zoomsphere.com. The operator of the service reserves the right to suspend the service for accounts that show elements of spamming, damage to commercial or personality rights, or promote suppression of human rights.

The software is provided "as is," without any guarantees of performance, reliability, or fitness for a particular purpose.

Copyright and Trademark Notice

This Site and all Services, including all text, images, software and other content contained herein and therein, and the compilation and arrangement thereof, are owned exclusively by us and/or our suppliers and are protected by copyright, trademark, and other laws. All rights reserved. All trademarks appearing on this Site are the property of their respective owners. You may not use any such trademarks for any purpose whatsoever without the express prior written permission of the owner.

Rules of Conduct for Interactive Areas

The Site and the Services may contain interactive areas and features, such as blogs, forums, message boards, message services and chat rooms (the “Interactive Areas”), that enable you or third parties to create, post, transmit or store messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site and the Services (the “User Content”). You are solely responsible for your use of such Interactive Areas and the User Content and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
5. Transmission of any email or other communications in violation of the CAN­SPAM Act or any other applicable laws pertaining to unsolicited email, SMS, text messaging, or other communications; or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
7. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
8. User Content that, in the sole judgment of ZoomSphere, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas (or any other portion the Site or any Services), or which may expose ZoomSphere or its users to any harm or liability of any type. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, and/or the Site and the Services.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services of ZoomSphere, provided by you in the form of email or other submissions to the Site or Service are nonconfidential and shall become the sole property of ZoomSphere. ZoomSphere shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Accuracy of Information

While we use reasonable efforts to furnish accurate and up­to­date information, we do not warrant that any information contained in or made available through this Site or the Services is accurate, complete, reliable, current or error­free. We assume no liability or responsibility for any errors or omissions in the content of the Site, the Services, or such other materials or communications.

Disclaimer of Warranties

YOUR USE THIS SITE AND THE SERVICES AT YOUR OWN RISK. THE MATERIALS IN THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZoomSphere AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ZoomSphere DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZoomSphere DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN, OR ACCESSIBLE THROUGH, THIS SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ZoomSphere) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOOMSPHERE (MICROMEDIA S.R.O.), ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZOOMSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZOOMSPHERE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO ZOOMSPHERE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) EUR 100.

Nothing in these Terms shall limit or exclude ZoomSphere’s liability for damage caused intentionally or by gross negligence, for harm to life or health, or for any other liability that cannot be limited or excluded under the mandatory laws of the Czech Republic. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above limitations may not apply to you; in such cases ZoomSphere`s liability shall be limited to the maximum extent permitted by applicable law.

Links to Third Party Websites

For your convenience, this Site and the Services may provide hyperlinks to websites and services maintained by third parties. We do not control, evaluate, endorse or guarantee content found in such sites or services. We do not assume any responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites and services is entirely at your own risk.

Social Networks and Third-Party Services

Where you are using our Services and have chosen to connect your Social Networks to the Services, or if you authorize a Third-Party Service to access your account, you are agreeing to provide information about you to the Social Networks and the Third-Party Services under their respective terms and privacy policies. For example, if you choose to connect your YouTube account to the Services, this connection uses YouTube’s API services, and the Google Privacy Policy located at http://www.google.com/policies/privacy as well as Google Terms at https://www.youtube.com/t/terms will apply to you.

If you want to remove ZoomSphere’s right to work with your social networking profiles, you can do so here: https://myaccount.google.com/permissions

How long do we retain your information?

In general ZoomSphere does not permanently store Content from Social Networks. Rather, when you login to the Services, we retrieve data from Social Networks in real time so that it is displayed in the portal for viewing during your session. We store other Content that you produce (such as draft Content for publication on Social Networks) so that you can easily access this material on the Services. Messages in Inbox are stored for 4 weeks to enable you to take any action required, such as replying to messages.

Aggregated data is used by ZoomSphere for analysis, product improvement, and troubleshooting purposes. In some cases, Content may continue to exist on the Social Networks even after you or we delete it from our Services, and you will need to contact the relevant Social Network directly if you want it to remove this Content.

We retain your information only as long as required to provide the Services requested by you, for record keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the terms for the Services.

After it is no longer necessary for us to retain information about you, we will dispose of it in a secure manner or anonymize the information.

Termination or Suspension of Access

We reserve the right to terminate, suspend or otherwise restrict your access to this Site and the Services, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Service or any inappropriate or unlawful behavior on your part. We shall not be liable to you or any third party for any such termination, suspension or restriction.

Miscellaneous

If there is a determination that any provision of these Terms of Service is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Service, and these Terms of Service shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Our licensors and suppliers shall be deemed third party beneficiaries under these Terms of Service for purposes of enforcing their rights in their respective intellectual property.

Applicable Laws

This Site and the Services available on the Site are maintained from within the Czech Republic. We make no representation that this Site or its Services, or any content on or accessed through this Site or its Services, is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and its Services, and any dispute arising therefrom, shall be governed by the laws of the Czech Republic, without regard to principles of conflict of laws.

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Modifications

We reserve the right to modify, suspend or discontinue this Site, the Services, or any portion hereof at any time with or without notice. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance.